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‘‘(aa) the petition shall not be granted 
unless the petition is supported by a pre-
ponderance of the evidence; and 
‘‘(bb) all credible evidence submitted 
by an accused national of the United 
States or alien lawfully admitted for per-
manent residence shall be considered so 
long as this evidence was not gathered in 
violation of section 384 of the Illegal Im-
migration Reform and Immigrant Respon-
sibility Act of 1996. 
‘‘(V)(aa) During the adjudication of a peti-
tion under this paragraph, the investigative offi-
cer who is responsible for the adjudication and 
final determination of eligibility shall determine 
whether any Federal, State, territorial, tribal, 
or local law enforcement agency has undertaken 
an investigation or prosecution of the abusive 
conduct alleged by the petitioning alien. 
‘‘(bb) If an investigation or prosecution 
was commenced, the investigative officer shall— 
‘‘(AA) obtain as much information as 
possible about the investigation or prosecu-
tion; and 
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‘‘(BB) consider that information as 
part of the adjudication of the petition. 
‘‘(cc) If an investigation or prosecution is 
pending, the adjudication of the petition shall 
be stayed pending the conclusion of the inves-
tigation or prosecution. If no investigation has 
been undertaken or if a prosecutor’s office has 
not commenced a prosecution after the matter 
was referred to it, that fact shall be considered 
by the investigative officer as part of the adju-
dication of the petition. 
‘‘(VI) If a petition filed under this para-
graph is denied, any obligations under an un-
derlying affidavit of support previously filed by 
the accused national of the United States or 
alien lawfully admitted for permanent residence 
shall be terminated.’’; 
(2) in subparagraph (A)(iv), by adding at the 
end the following: ‘‘The petition shall be adjudicated 
according to the procedures that apply to self-peti-
tioners under clause (iii).’’; 
(3) in subparagraph (A)(vii), by adding at the 
end the following continuation text: 
‘‘The petition shall be adjudicated according to the proce-
dures that apply to self-petitioners under clause (iii).’’. 
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(4) in subparagraph (B)(ii), by inserting after 
subclause (II) the following: 
‘‘(III)(aa) Upon filing, each petition under 
this clause shall be assigned to an investigative 
officer for adjudication and final determination 
of eligibility. 
‘‘(bb) During the adjudication of each peti-
tion under this paragraph, an investigative offi-
cer from a local office of United States Citizen-
ship and Immigration Services shall conduct an 
in-person interview of the alien who filed the 
petition. The investigative officer may also 
gather other evidence so long as this evidence is 
not gathered in violation of section 384 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. The investigative offi-
cer who conducted the in-person interview shall 
provide to the investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility a summary of the inter-
view and any other evidence gathered and a de-
termination of the credibility of the interviewee 
and other evidence gathered. 
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‘‘(cc) All interviews under this clause shall 
be conducted under oath and subject to applica-
ble penalties for perjury. 
‘‘(dd) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall determine whether 
the petitioner had filed previous applications or 
petitions for immigration benefits that had been 
denied and whether the petitioner had been the 
beneficiary of a previous petition filed pursuant 
to this section that had been denied. If either 
was the case, the investigative officer shall con-
sider the denials and the reasons for the denials 
as part of the adjudication of the petition. 
‘‘(ee) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall as part of the adju-
dication of the petition consult with the inves-
tigative officer at the local office of United 
States Citizenship and Immigration Services 
who had conducted the in-person interview of 
the alien who filed the petition. 
‘‘(ff) Upon the conclusion of the adjudica-
tion process under this subparagraph, the inves-
tigative officer who is responsible for the adju-
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dication and final determination of eligibility 
shall issue a final written determination to ap-
prove or deny the petition. The investigative of-
ficer shall not approve the petition unless the 
officer finds, in writing and with particularity, 
that all requirements under this paragraph, in-
cluding proof that the alien is a victim of the 
conduct described in clause (ii)(I)(bb), have 
been proven by a preponderance of the evidence. 
‘‘(IV) During the adjudication of a petition 
under this clause— 
‘‘(aa) the petition shall not be granted 
unless the petition is supported by a pre-
ponderance of the evidence; and 
‘‘(bb) all credible evidence submitted 
by an accused national of the United 
States or alien lawfully admitted for per-
manent residence shall be considered so 
long as this evidence was not gathered in 
violation of section 384 of the Illegal Im-
migration Reform and Immigrant Respon-
sibility Act of 1996. 
‘‘(V)(aa) During the adjudication of a peti-
tion under this clause, the investigative officer 
who is responsible for the adjudication and final 
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determination of eligibility shall determine 
whether any Federal, State, territorial, tribal, 
or local law enforcement agency has undertaken 
an investigation or prosecution of the abusive 
conduct alleged by the petitioning alien. 
‘‘(bb) If an investigation or prosecution 
was commenced, the investigative officer shall— 
‘‘(AA) obtain as much information as 
possible about the investigation or prosecu-
tion; and 
‘‘(BB) consider that information as 
part of the adjudication of the petition. 
‘‘(cc) If an investigation or prosecution is 
pending, the adjudication of the petition shall 
be stayed pending the conclusion of the inves-
tigation or prosecution. If no investigation has 
been undertaken or if a prosecutor’s office has 
not commenced a prosecution after the matter 
was referred to it, that fact shall be considered 
by the investigative officer as part of the adju-
dication of the petition. 
‘‘(VI) If a petition filed under this clause 
is denied, any obligations under an underlying 
affidavit of support previously filed by the ac-
cused national of the United States or alien 
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lawfully admitted for permanent residence shall 
be terminated.’’; and 
(5) in subparagraph (B)(iii), by adding at the 
end the following: ‘‘The petition shall be adjudicated 
according to the procedures that apply to self-peti-
tioners under clause (ii).’’. 
SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLI-
CABLE TO U VISAS. 
Section 214(p)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)(1)) is amended as follows: 
(1) By striking ‘‘The petition’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—The petition’’. 
(2) By adding at the end the following: 
‘‘(B) CERTIFICATION
REQUIREMENTS.— 
Each certification submitted under subpara-
graph (A) shall confirm under oath that— 
‘‘(i) the criminal activity is actively 
under investigation or a prosecution has 
been commenced; and 
‘‘(ii) the petitioner has provided to law 
enforcement information that will assist in 
identifying the perpetrator of the criminal 
activity or the perpetrator’s identity is 
known. 
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petitioner related to any specified crime de-
scribed in subsection (5)(B)(i).’’; and 
(B) in paragraph (5)(B)(i), by striking 
‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 
stalking, or an attempt to commit any such 
crime.’’. 
(b) PROVISION
OF
INFORMATION
TO
K NON-
IMMIGRANTS.—Section 833 of the International Marriage 
Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 
amended in subsection (b)(1)(A), by striking ‘‘or’’ after 
‘‘orders’’ and inserting ‘‘and’’. 
SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE 
BROKERS. 
(a) IMPLEMENTATION OF THE INTERNATIONAL MAR-
RIAGE BROKER ACT OF 2005.—Not later than 90 days 
after the date of the enactment of this Act, the Attorney 
General shall submit to Congress a report that includes 
the name of the component of the Department of Justice 
responsible for prosecuting violations of the International 
Marriage Broker Act of 2005 (subtitle D of Public Law 
109–162; 119 Stat. 3066) and the amendments made by 
this title. 
(b) REGULATION
OF INTERNATIONAL MARRIAGE 
BROKERS.—Section 833(d) of the International Marriage 
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Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 
amended as follows: 
(1) By amending paragraph (1) to read as fol-
lows: 
‘‘(1) PROHIBITION ON MARKETING OF OR TO 
CHILDREN.— 
‘‘(A) IN GENERAL.—An international mar-
riage broker shall not provide any individual or 
entity with personal contact information, photo-
graph, or general information about the back-
ground or interests of any individual under the 
age of 18. 
‘‘(B) COMPLIANCE.—To comply with the 
requirements of subparagraph (A), an inter-
national marriage broker shall— 
‘‘(i) obtain a valid copy of each for-
eign national client’s birth certificate or 
other proof of age document issued by an 
appropriate government entity; 
‘‘(ii) indicate on such certificate or 
document the date it was received by the 
international marriage broker; 
‘‘(iii) retain the original of such cer-
tificate or document for 5 years after such 
date of receipt; and 
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‘‘(iv) produce such certificate or docu-
ment upon request to an appropriate au-
thority charged with the enforcement of 
this paragraph.’’. 
(2) In paragraph (2)(B)(ii), by striking ‘‘or 
stalking.’’ and inserting ‘‘stalking, or an attempt to 
commit any such crime.’’. 
SEC. 805. GAO REPORT. 
(a) REQUIREMENT FOR REPORT.—Not later than 1 
year after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the 
Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives 
a report regarding the adjudication of petitions and appli-
cations under section 101(a)(15)(U) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(U)) and the 
self-petitioning process for VAWA self-petitioners (as that 
term is defined in section 101(a)(51) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(51)). 
(b) CONTENTS.—The report required by subsection 
(a) shall— 
(1) assess the efficiency and reliability of the 
process for reviewing such petitions and applications, 
including whether the process includes adequate 
safeguards against fraud and abuse; and 
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(2) identify possible improvements to the adju-
dications of petitions and applications in order to re-
duce fraud and abuse. 
SEC. 806. TEMPORARY NATURE OF U VISA STATUS. 
(a) IN GENERAL.—Section 245(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1255(m)) is amended 
by striking ‘‘the alien is not described’’ and inserting ‘‘the 
individual who was convicted of the criminal activity re-
ferred to in section 101(a)(15)(U)(i)(I) that was the basis 
for the alien being admitted into the United States (or 
otherwise provided nonimmigrant status) under section 
101(a)(15)(U) was himself or herself an alien and has 
been physically removed to the foreign state of which the 
alien 
with 
nonimmigrant 
status 
under 
section 
101(a)(15)(U) is a national, and if the alien with non-
immigrant status under section 101(a)(15)(U) is not de-
scribed’’. 
(b) DURATION OF NONIMMIGRANT STATUS.—Section 
214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended 
by striking ‘‘if the alien is eligible for relief under section 
245(m) and is unable to obtain such relief because regula-
tions have not been issued to implement such section and 
shall be extended’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to applications for adjustment of 
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status submitted on or after the date of the enactment 
of this Act, and to previously filed applications that are 
pending on the date of enactment of this Act. 
SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICA-
TIONS MADE BY VICTIMS OF ABUSE. 
Not later than December 1, 2012, and annually 
thereafter, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives a report that includes the following: 
(1) The number of aliens who— 
(A) submitted an application for non-
immigrant status under paragraph (15)(T)(i), 
(15)(U)(i), or (51) of section 101(a) of the Im-
migration and Nationality Act (8 U.S.C. 
1101(a)) during the preceding fiscal year; 
(B) were granted such nonimmigrant sta-
tus during such fiscal year; or 
(C) were denied such nonimmigrant status 
during such fiscal year. 
(2) The mean amount of time and median 
amount of time to adjudicate an application for such 
nonimmigrant status during such fiscal year. 
(3) The mean amount of time and median 
amount of time between the receipt of an application 
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for such nonimmigrant status and the issuance of 
work authorization to an eligible applicant during 
the preceding fiscal year. 
(4) The number of aliens granted continued 
presence in the United States under section 
107(c)(3) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7105(c)(3)) during the pre-
ceding fiscal year. 
(5) A description of any actions being taken to 
reduce the adjudication and processing time, while 
ensuring the safe and competent processing, of an 
application described in paragraph (1) or a request 
for continued presence referred to in paragraph (4). 
(6) The actions being taken to combat fraud 
and to ensure program integrity. 
(7) Each type of criminal activity by reason of 
which an alien received nonimmigrant status under 
section 101(a)(15)(U) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(U)) during the 
preceding fiscal year and the number of occurrences 
of that criminal activity that resulted in such aliens 
receiving such status. 
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SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PE-
TITIONERS. 
Section 204(l)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1154(l)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) a child of an alien who filed a pend-
ing or approved petition for classification or ap-
plication for adjustment of status or other ben-
efit specified in section 101(a)(51) as a VAWA 
self-petitioner; or’’. 
SEC. 809. PUBLIC CHARGE. 
Section 212(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at the 
end the following: 
‘‘(E) SPECIAL
RULE
FOR
QUALIFIED 
ALIEN VICTIMS.—Subparagraphs (A), (B), and 
(C) shall not apply to an alien who— 
‘‘(i) is a VAWA self-petitioner; 
‘‘(ii) is an applicant for, or is granted, 
nonimmigrant 
status 
under 
section 
101(a)(15)(U); or 
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‘‘(iii) is a qualified alien described in 
section 431(c) of the Personal Responsi-
bility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1641(c)).’’. 
SEC. 810. AGE-OUT PROTECTION FOR U VISA APPLICANTS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended by adding at the end 
the following: 
‘‘(7) AGE DETERMINATIONS.— 
‘‘(A) CHILDREN.—An unmarried alien who 
seeks to accompany, or follow to join, a parent 
granted status under section 101(a)(15)(U)(i), 
and who was under 21 years of age on the date 
on which such parent petitioned for such status, 
shall continue to be classified as a child for pur-
poses of section 101(a)(15)(U)(ii), if the alien 
attains 21 years of age after such parent’s peti-
tion was filed but while it was pending. 
‘‘(B) PRINCIPAL
ALIENS.—An alien de-
scribed in clause (i) of section 101(a)(15)(U) 
shall continue to be treated as an alien de-
scribed in clause (ii)(I) of such section if the 
alien attains 21 years of age after the alien’s 
application for status under such clause (i) is 
filed but while it is pending.’’. 
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SEC. 811. HARDSHIP WAIVERS. 
Section 216(c)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1186a(c)(4)) is amended— 
(1) in subparagraph (A), by striking the comma 
at the end and inserting a semicolon; 
(2) in subparagraph (B), by striking ‘‘(1), or’’ 
and inserting ‘‘(1); or’’; 
(3) in subparagraph (C), by striking the period 
at the end and inserting a semicolon and ‘‘or’’; and 
(4) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the alien meets the requirements 
under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 
following the marriage ceremony was battered 
by or subject to extreme cruelty perpetrated by 
the alien’s intended spouse and was not at fault 
in failing to meet the requirements of para-
graph (1).’’. 
SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 
SECURITY PURPOSE. 
(a) INFORMATION SHARING.—Section 384(b) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1367(b)) is amended— 
(1) in paragraph (1)— 
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(A) by inserting ‘‘Secretary of Homeland 
Security or the’’ before ‘‘Attorney General 
may’’; and 
(B) by inserting ‘‘Secretary’s or the’’ be-
fore ‘‘Attorney General’s discretion’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘Secretary of Homeland 
Security or the’’ before ‘‘Attorney General 
may’’; 
(B) by inserting ‘‘Secretary or the’’ before 
‘‘Attorney General for’’; and 
(C) by inserting ‘‘in a manner that pro-
tects the confidentiality of such information’’ 
after ‘‘law enforcement purpose’’; 
(3) in paragraph (5), by striking ‘‘Attorney 
General is’’ and inserting ‘‘Secretary of Homeland 
Security and the Attorney General are’’; and 
(4) by adding at the end a new paragraph as 
follows: 
‘‘(8) Notwithstanding subsection (a)(2), the 
Secretary of Homeland Security, the Secretary of 
State, or the Attorney General may provide in the 
discretion of either such Secretary or the Attorney 
General for the disclosure of information to national 
security officials to be used solely for a national se-
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curity purpose in a manner that protects the con-
fidentiality of such information.’’. 
(b) GUIDELINES.—Subsection (d) (as added by sec-
tion 817(4) of the Violence Against Women and Depart-
ment of Justice Reauthorization Act of 2005) of section 
384 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1367(d)) is amended 
by inserting ‘‘and severe forms of trafficking in persons 
or criminal activity listed in section 101(a)(15)(U) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(u))’’ after ‘‘domestic violence’’. 
(c) IMPLEMENTATION.—Not later than 180 days 
after the date of enactment of this Act, the Attorney Gen-
eral and Secretary of Homeland Security shall provide the 
guidance required by section 384(d) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(d)), consistent with the amendments made 
by subsections (a) and (b). 
(d) CLERICAL AMENDMENT.—Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 is amended by striking ‘‘241(a)(2)’’ in 
the matter following subparagraph (F) and inserting 
‘‘237(a)(2)’’. 
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to the throat or neck, regardless of whether that 
conduct results in any visible injury or whether there 
is any intent to kill or protractedly injure the victim; 
and 
‘‘(5) the term ‘suffocating’ means knowingly or 
recklessly impeding the normal breathing of a person 
by covering the mouth of the person, the nose of the 
person, or both, regardless of whether that conduct 
results in any visible injury or whether there is any 
intent to kill or protractedly injure the victim.’’. 
(b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 
18, United States Code, is amended by striking ‘‘assault 
with intent to commit murder, assault with a dangerous 
weapon, assault resulting in serious bodily injury (as de-
fined in section 1365 of this title)’’ and inserting ‘‘a felony 
assault under section 113’’. 
SEC. 1005. MANDATORY MINIMUM SENTENCE. 
Section 2241 of title 18, United States Code, is 
amended— 
(1) in subsection (a), in the undesignated mat-
ter following paragraph (2), by striking ‘‘any term 
of years or life’’ and inserting ‘‘not less than 10 
years or imprisoned for life’’; and 
(2) in subsection (b), in the undesignated mat-
ter following paragraph (2), by striking ‘‘any term 
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