265
SEC. 914. PROMOTING CONSISTENCY IN VAWA ADJUDICA-
TIONS. 
(a) IN GENERAL.—Section 204(a)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
amended—
(1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 
by striking ‘‘an incident of domestic violence’’ and 
inserting ‘‘battering or extreme cruelty by the 
United States citizen spouse’’; 
(2) in subparagraph (A)(iv), by striking ‘‘an in-
cident of domestic violence’’ and inserting ‘‘battering 
or extreme cruelty by such parent’’; 
(3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 
by striking ‘‘due to an incident of domestic violence’’ 
and inserting ‘‘related to battering or extreme cru-
elty by the lawful permanent resident spouse’’; and 
(4) in subparagraph (B)(iii), by striking ‘‘due 
to an incident of domestic violence’’ and inserting 
‘‘related to battering or extreme cruelty by such par-
ent’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as if included in the enact-
ment of VAWA–2000.
266
SEC. 915. RELIEF FOR CERTAIN VICTIMS PENDING AC-
TIONS ON PETITIONS AND APPLICATIONS 
FOR RELIEF. 
(a) RELIEF.—
(1) LIMITATION
ON
REMOVAL
OR
DEPORTA-
TION.—Section 237 of the Immigration and Nation-
ality Act (8 U.S.C. 1227) is amended by adding at 
the end the following new subsection: 
‘‘(d)(1) In the case of an alien in the United States 
for whom a petition as a VAWA petitioner has been filed, 
if the petition sets forth a prima facie case for approval, 
the Secretary of Homeland Security, in the Secretary’s 
sole unreviewable discretion, may grant the alien deferred 
action until the petition is approved or the petition is de-
nied after exhaustion of administrative appeals. In the 
case of the approval of such petition, such deferred action 
may be extended until a final determination is made on 
an application for adjustment of status. 
‘‘(2) In the case of an alien in the United States for 
whom an application for nonimmigrant status (whether as 
a principal or derivative child) under subparagraph (T) 
or (U) of section 101(a)(15) has been filed, if the applica-
tion sets forth a prima facie case for approval, the Sec-
retary of Homeland Security, in the Secretary’s sole 
unreviewable discretion, may grant the alien deferred ac-
267
tion until the application is approved or the application 
is denied after exhaustion of administrative appeals. 
‘‘(3) During a period in which an alien is provided 
deferred action under this subsection, the alien shall not 
be removed or deported. ’’. 
(2) LIMITATION ON DETENTION.—Section 236 
of such Act (8 U.S.C. 1226) is amended by adding 
at the end the following new subsection: 
‘‘(f) LIMITATION ON DETENTION OF CERTAIN VIC-
TIMS OF VIOLENCE.—(1) An alien for whom a petition 
as a VAWA petitioner has been approved or for whom an 
application for nonimmigrant status (whether as a prin-
cipal or derivative child) under subparagraph (T) or (U) 
of section 101(a)(15) has been approved, subject to para-
graph (2), the alien shall not be detained if the only basis 
for detention is a ground for which—
‘‘(A) a waiver is provided under section 212(h), 
212(d)(13), 
212(d)(14), 
237(a)(7), 
or 
237(a)(2)(a)(V); or 
‘‘(B) there is an exception under section 
204(a)(1)(C). 
‘‘(2) Paragraph (1) shall not apply in the case of de-
tention that is required under subsection (c) or section 
236A.’’. 
(3) EMPLOYMENT AUTHORIZATION.—
268
(A) FOR
VAWA
PETITIONERS.—Section 
204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following 
new subparagraph: 
‘‘(K) In the case of an alien for whom a petition as 
a VAWA petitioner is approved, the alien is eligible for 
work authorization and shall be provided an ‘employment 
authorized’ endorsement or other appropriate work per-
mit.’’. 
(B) FOR
ALIENS
WITH
APPROVED
T 
VISAS.—Section 214(o) of such Act (8 U.S.C. 
1184(o)) is amended by adding at the end the 
following new paragraph: 
‘‘(7) In the case of an alien for whom an application 
for nonimmigrant status (whether as a principal or deriva-
tive) under section 101(a)(15)(T) has been approved, the 
alien is eligible for work authorization and shall be pro-
vided an ‘employment authorized’ endorsement or other 
appropriate work permit.’’. 
(4) PROCESSING
OF
APPLICATIONS.—Section 
204(a)(1) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)) is amended by adding at the end 
the following new subparagraph:
269
‘‘(K) A petition as a VAWA petitioner shall be proc-
essed without regard to whether a proceeding to remove 
or deport such alien is brought or pending.’’. 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date of the 
enactment of this Act and shall apply to petitions 
and applications filed before, on, or after such date. 
(b) APPLICANTS FOR CANCELLATION OF REMOVAL 
OR SUSPENSION OF DEPORTATION.—
(1) IN GENERAL.—Section 240A(b)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229b(b)(2)) is amended by adding at the end the 
following new subparagraph: 
‘‘(E) RELIEF WHILE APPLICATION PEND-
ING.—In the case of an alien who has applied 
for relief under this paragraph and whose appli-
cation sets forth a prima facie case for such re-
lief or who has filed an application for relief 
under section 244(a)(3) (as in effect on March 
31, 1997) that sets forth a prima facie case for 
such relief—
‘‘(i) the alien shall not be removed or 
deported until the application has been ap-
proved or, in the case it is denied, until all