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(3) EFFECTIVE DATE.—The amendment made 
by paragraph (2) shall take effect as if included in 
the enactment of VAWA–2000. 
(d) PETITIONING RIGHTS
OF CERTAIN FORMER 
SPOUSES UNDER CUBAN ADJUSTMENT.—
(1) IN GENERAL.—The first section of Public 
Law 89–732 (8 U.S.C. 1255 note) is amended—
(A) in the last sentence, by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 
and 
(B) by adding at the end the following: 
‘‘An alien who was the spouse of any Cuban 
alien described in this section and has resided 
with such spouse shall continue to be treated as 
such a spouse for 2 years after the date on 
which the Cuban alien dies (or, if later, 2 years 
after the date of enactment of Violence Against 
Women Act of 2005), or for 2 years after the 
date of termination of the marriage (or, if later, 
2 years after the date of enactment of Violence 
Against Women Act of 2005) if the alien dem-
onstrates a connection between the termination 
of the marriage and the battering or extreme 
cruelty by the Cuban alien.’’.
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(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)(A) shall take effect as if included 
in the enactment of VAWA–2000. 
(e) SELF-PETITIONING RIGHTS OF HRIFA APPLI-
CANTS.—
(1) IN GENERAL.—Section 902(d)(1)(B) of the 
Haitian Refugee Immigration Fairness Act of 1998 
(division A of section 101(h) of Public Law 105–
277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 
amended by section 1511(a) of VAWA–2000, is 
amended—
(A) in clause (i), by striking ‘‘whose status 
is adjusted to that of an alien lawfully admitted 
for permanent residence’’ and inserting ‘‘who is 
or was eligible for classification’’; 
(B) in clause (ii), by striking ‘‘whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence’’ and inserting 
‘‘who is or was eligible for classification’’; and 
(C) 
in 
clause 
(iii), 
by 
striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1)(C) shall take effect as if included 
in the enactment of VAWA–2000.
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(f) SELF-PETITIONING RIGHTS UNDER SECTION 203 
OF NACARA.—Section 309 of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104–208; 8 U.S.C. 1101 note), 
as amended by section 203(a) of the Nicaraguan Adjust-
ment and Central American Relief Act (8 U.S.C. 1255 
note; Public Law 105–100), is amended—
(1) in subsection (c)(5)(C)(i)(VII)(aa), as 
amended by section 1510(b) of VAWA–2000—
(A) by striking ‘‘or’’ at the end of subitem 
(BB); 
(B) by striking ‘‘and’’ at the end of 
subitem (CC) and inserting ‘‘or’’; and 
(C) by adding at the end the following new 
subitem: 
‘‘(DD) at the time at which 
the spouse or child files an appli-
cation for suspension of deporta-
tion or cancellation of removal; 
and’’; and 
(2) in subsection (g)—
(A) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’;
284
(B) by inserting ‘‘subject to paragraph 
(2),’’ after ‘‘section 101(a) of the Immigration 
and Nationality Act)),’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) There shall be no limitation on a motion to re-
open removal or deportation proceedings in the case of an 
alien who is described in subclause (VI) or (VII) of sub-
section (c)(5)(C)(i). Motions to reopen removal or deporta-
tion proceedings in the case of such an alien shall be han-
dled under the procedures that apply to aliens seeking re-
lief under section 204(a)(1)(A)(iii) of the Immigration and 
Nationality Act.’’. 
(g) LIMITATION ON PETITIONING FOR ABUSER.—
Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(J) Notwithstanding the previous provisions of this 
paragraph, an individual who was a VAWA petitioner or 
who had the status of a nonimmigrant under subpara-
graph (T) or (U) of section 101(a)(15) may not file a peti-
tion for classification under this section or section 214 to 
classify any person who committed the battery or extreme 
cruelty or trafficking against the individual (or the individ-
ual’s child) which established the individual’s (or individ-
285
ual’s child’s) eligibility as a VAWA petitioner or for such 
nonimmigrant status.’’. 
(h) EFFECTIVE DATE.—Except as otherwise pro-
vided in this section, the amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 918. PAROLE FOR VAWA PETITIONERS AND FOR DE-
RIVATIVES OF TRAFFICKING VICTIMS. 
(a) IN GENERAL.—Section 240A(b)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 
amended—
(1) in the heading, by striking ‘‘CHILDREN OF 
BATTERED ALIENS’’ inserting ‘‘BATTERED ALIENS, 
CHILDREN OF BATTERED ALIENS, AND DERIVATIVE 
FAMILY MEMBERS OF TRAFFICKING VICTIMS,’’; 
(2) in subparagraph (A)—
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking the period at the end of 
clause (ii) and inserting a semicolon; and 
(C) by adding at the end the following new 
clauses: 
‘‘(iii) VAWA petitioner whose petition 
was approved based on having been bat-
tered or subjected to extreme cruelty by a 
United States citizen spouse, parent, or
286
child and who is admissible and eligible for 
an immigrant visa; 
‘‘(iv) VAWA petitioner whose petition 
was approved based on having been bat-
tered or subjected to extreme cruelty by a 
lawful permanent resident spouse or par-
ent, who is admissible and would be eligi-
ble for an immigrant visa but for the fact 
that an immigrant visa is not immediately 
available to the alien, and who filed a peti-
tion 
for 
classification 
under 
section 
204(a)(1)(B), if at least 3 years has 
elapsed since the petitioner’s priority date; 
or 
‘‘(v) an alien whom the Secretary of 
State determines would, but for an applica-
tion or approval, meet the conditions for 
approval as a nonimmigrant described in 
section 101(a)(15)(T)(ii).’’; and 
(3) in subparagraph (B)—
(A) in the first sentence, by striking ‘‘The 
grant of parole’’ and inserting ‘‘(i) The grant of 
parole under subparagraph (A)(i) or (A)(ii)’’;