206 
(b) 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.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)(A) shall take effect as if included 
in the enactment of VAWA–2000.
207 
(c) EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 815. CLARIFICATION OF ACCESS TO NATURALIZATION 
FOR VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Section 319(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1430(a)) is amended 
by inserting after ‘‘extreme cruelty by a United States cit-
izen spouse or parent’’ the following: ‘‘, regardless of 
whether the lawful permanent resident status was ob-
tained on the basis of such battery or cruelty’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications for natu-
ralization filed before, on, or after the date of the enact-
ment of this Act. 
SEC. 816. PROHIBITION OF ADVERSE DETERMINATIONS OF 
ADMISSIBILITY OR DEPORTABILITY BASED 
ON PROTECTED INFORMATION. 
(a) APPLICATION
TO ADDITIONAL DEPARTMENTS 
AND OTHER BATTERED ALIENS.—Section 384 of the Ille-
gal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 
1367) is amended—
208 
(1) in subsection (a), as amended by section 
1513(d) of VAWA–2000— 
(A) in the matter before paragraph (1), by 
striking ‘‘(including any bureau or agency of 
such Department)’’ and inserting ‘‘, or the Sec-
retary of Homeland Security, the Secretary of 
State, the Secretary of Health and Human 
Services, or the Secretary of Labor or any other 
official or employee of the Department of 
Homeland Security, the Department of State, 
the Department of Health and Human Services, 
or the Department of Labor (including any bu-
reau or agency of any such Department)’’; 
(B) in paragraph (1)— 
(i) in the matter before subparagraph 
(A), by striking ‘‘furnished solely by’’ and 
inserting ‘‘furnished by or derived from in-
formation provided solely by’’; 
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (D); 
(iii) by adding ‘‘or’’ at the end of sub-
paragraph (E); 
(iv) by inserting after subparagraph 
(E) the following new subparagraph:
209 
‘‘(F) in the case of an alien applying for 
continued presence as a victim of trafficking 
under section 107(b)(1)(E)(i)(II)(bb) of the 
Trafficking Protection Act of 2000 or status 
under section 101(a)(15)(T) of the Immigration 
and Nationality Act, the trafficker or perpe-
trator,’’; and 
(v) by striking ‘‘or’’ at the end; 
(C) in paragraph (2)— 
(i) by striking ‘‘of the Department,’’ 
and inserting ‘‘of any such Department,’’; 
(ii) by striking ‘‘under clause (iii) or 
(iv) of section 204(a)(1)(A), clause (ii) or 
(iii) of section 204(a)(1)(B)’’ and inserting 
‘‘as a VAWA petitioner (as defined in sec-
tion 101(a)(51) of the Immigration and 
Nationality Act), or under’’; and 
(iii) 
by 
striking 
‘‘or 
section 
240A(a)(3) of such Act as an alien (or the 
part of a child) who has been battered or 
subjected to extreme cruelty.’’ and insert-
ing the following: ‘‘, section 101(a)(15)(T), 
or section 240A(b)(2) of such Act, or sec-
tion 244(a)(3) of such Act (as in effect on 
March 31, 1997), or for continued pres-