106 
SEC. 1319. EXEMPTION OF VICTIMS OF DOMESTIC VIO-
LENCE, SEXUAL ASSAULT AND TRAFFICKING 
FROM SANCTIONS FOR FAILURE TO DEPART 
VOLUNTARILY. 
(a) IN GENERAL.—Section 240B(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229c(d)) is amend-
ed— 
(1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 
to paragraph (2), if’’; and 
(2) by adding at the end the following new 
paragraph:: 
‘‘(2) The ineligibility for relief under paragraph (1) 
shall not apply to an alien who is a VAWA petitioner, who 
is seeking status as a nonimmigrant under subparagraph 
(T) or (U) of section 101(a)(15), or who is an applicant 
for relief under section 240A(b)(2) or under section 
244(a)(3) (as in effect on March 31, 1997).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply as if included in the enactment 
of the Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208) and shall 
apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act.
107 
SEC. 1320. CLARIFICATION OF ACCESS TO NATURALIZA-
TION 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. 
1321. 
CONSOLIDATING 
ADJUDICATION 
OF 
VAWA 
CASES IN VAWA UNIT. 
(a) IN GENERAL.—Subtitle F of title IV of the 
Homeland Security Act of 2002 (Public Law 107–296) 
is amended by adding at the end the following new section: 
‘‘SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES 
IN VAWA UNIT. 
‘‘(a) SOLE JURISDICTION.—The Secretary of Home-
land Security shall designate the VAWA unit as the ad-
ministrative unit within the Department of Homeland Se-
curity with sole jurisdiction over the adjudication of the 
following:
108 
‘‘(1) Applications and petitions of VAWA peti-
tioners described in section 101(a)(51) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(51)). 
‘‘(2) Applications for nonimmigrant status 
under 
subparagraph 
(T) 
or 
(U) 
of 
section 
101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)). 
‘‘(3) Applications seeking relief under para-
graph (2) or (4) of section 240A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 122b(b)). 
‘‘(4) Applications for adjustment of status by 
VAWA petitioners who are described in subpara-
graph (A) or (B) of section 101(a)(51) of such Act. 
‘‘(5) Applications for employment authorization 
under section 214(c)(11). 
‘‘(b) ADDITIONAL JURISDICTION.—The VAWA unit 
may have jurisdiction over such other matters as the Sec-
retary may specify. 
‘‘(c) VAWA UNIT DEFINED.—For purposes of this 
section, the term ‘VAWA unit’ means the administrative 
unit within the Department of Homeland Security that 
has responsibility as of May 1, 2005, for petitions under 
subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) of sec-
tion 204(a)(1) of the Immigration and Nationality Act 
and for applications for nonimmigrant status under sub-
109 
paragraphs (T) and (U) of section 101(a)(15) of such 
Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 478 the following new item: 
‘‘Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply to applications and petitions 
filed on or after the date that is 180 days after the date 
of the enactment of this Act and, to the extent feasible, 
to applications and petitions filed before such date. 
SEC. 1322. 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— 
(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
110 
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); and 
(iv) by inserting after subparagraph 
(E) the following new subparagraph: 
‘‘(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 
(C) in paragraph (2)—
111 
(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-
ence as a victim of trafficking under sec-
tion 107(b)(1)(E)(i)(II)(bb) of the Traf-
ficking Protection Act of 2000, or any de-
rivative of the alien;’’; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) undertake any part of an enforcement ac-
tion—
112 
‘‘(A) at a domestic violence shelter, a vic-
tims services organization or program (as de-
scribed in section 2003(8) of the Omnibus 
Crime Control and Safe Streets Act of 1968), 
a rape crisis center, a family justice center, or 
a supervised visitation center; or 
‘‘(B) against an alien at a courthouse (or 
in connection with the appearance of the alien 
at a courthouse) if the alien is appearing in 
connection with a protection order case, child 
custody case, or other civil or criminal case re-
lating to domestic violence, sexual assault, traf-
ficking, or stalking in which the alien has been 
battered or subject to extreme cruelty or if the 
alien is described in subparagraph (T) or (U) of 
section 101(a)(15) of the Immigration and Na-
tionality Act; or 
‘‘(4) in the case of an alien described in section 
101(a)(27)(J) of the Immigration and Nationality 
Act who has been abused, neglected, or abandoned, 
contact the alleged abuser (or family member of the 
alleged abuser) at any stage of applying for special 
immigrant juvenile status, including after a request 
for the consent of the Secretary of Homeland Secu-
rity under clause (iii)(I) of such section.’’; and
113 
(2) in subsection (b)— 
(A) in paragraphs (1), by striking ‘‘may 
provide, in the Attorney General’s discretion’’ 
and inserting ‘‘, Secretary of Homeland Secu-
rity, Secretary of State, Secretary of Health 
and Human Services, and Secretary of Labor 
may provide’’; 
(B) in paragraph (2), by striking ‘‘may 
provide in the discretion of the Attorney Gen-
eral’’ and inserting ‘‘, Secretary of Homeland 
Security, Secretary of State, Secretary of 
Health and Human Services, and the Secretary 
of Labor may provide’’; and 
(C) in paragraph (5), by striking ‘‘is au-
thorized to disclose’’ and inserting ‘‘, Secretary 
of Homeland Security, Secretary of State, Sec-
retary of Health and Human Services, and Sec-
retary of Labor, or Attorney General may dis-
close’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to violations or disclo-
sures made on or after such date.
114 
Subtitle C—Miscellaneous 
Provisions 
SEC. 1331. REMOVING 2 YEAR CUSTODY AND RESIDENCY 
REQUIREMENT 
FOR 
BATTERED 
ADOPTED 
CHILDREN. 
(a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 
two years’’ the following: ‘‘or if the child has been battered 
or subject to extreme cruelty by the adopting parent or 
by a family member of the adopting parent residing in 
the same household’’. 
(b) CONFORMING NATURALIZATION AMENDMENT.— 
Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘or the child is residing in the United States pur-
suant to a lawful admission for permanent residence and 
has been battered or subject to extreme cruelty by the cit-
izen parent or by a family member of the citizen parent 
residing in the same household ’’ 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to applications pending or filed 
on or after such date.
115 
SEC. 1332. GROUNDS OF INADMISSIBILITY; GOOD MORAL 
CHARACTER; AND FOREIGN RESIDENCY RE-
QUIREMENTS. 
(a) WAIVER OF UNLAWFUL PRESENCE.—Paragraph 
(9)(B)(iii)(IV) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) is amended by striking 
‘‘who would be described in paragraph (6)(A)(ii)’’ and all 
that follows and by inserting ‘‘who demonstrates that the 
alien is described in subclauses (I) and (II) of paragraph 
(6)(A)(ii).’’. 
(b) WAIVER OF FALSE CLAIM OF U.S. CITIZEN-
SHIP.— 
(1) IN
GENERAL.—Section 212(i)(1) of such 
Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
‘‘(and, in the case of a VAWA petitioner who dem-
onstrates a connection between the false claim of 
United States citizenship and the petitioner being 
subjected to extreme cruelty or physical or mental 
abuse, clause (ii))’’ after ‘‘clause (i)’’. 
(2) 
CONFORMING
REFERENCE.—Section 
212(a)(6)(C)(iii) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 
(i)’’and inserting ‘‘clauses (i) and (ii)’’. 
(c) EXEMPTION FROM PUBLIC CHARGE GROUND.—