260
eral’s discretion’’ and inserting ‘‘Secretary, 
in the Secretary’s discretion’’. 
(D) Section 101(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(i)) is amend-
ed—
(i) in paragraph (1), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security, the Attorney Gen-
eral,’’; and 
(ii) in paragraph (2), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary 
of Homeland Security’’. 
(E) Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amend-
ed—
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’ the first place it appears in para-
graphs (1) and (2) and in paragraph (5); 
(ii) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary’’ the second place 
it appears in paragraphs (1) and (2); and 
(iii) in paragraph (2), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Sec-
retary’s’’.
261
(3) REQUEST BY STATE AND LOCAL LAW EN-
FORCEMENT OFFICIALS.—Section 107(c)(3) of the 
Trafficking Victims Protection Act of 2000 (division 
A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 
amended by adding at the end the following: ‘‘State 
or local law enforcement officials may request that 
such Federal law enforcement officials permit the 
continued presence of trafficking victims. If such a 
request contains a certification that a trafficking vic-
tim is a victim of a severe form of trafficking, such 
Federal law enforcement officials may permit the 
continued presence of the trafficking victim in ac-
cordance with this paragraph.’’. 
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by 
subsections (a), (b)(1), (c), and (d)(3) shall take ef-
fect on the date of the enactment of this Act. 
(2) TRANSITION FOR DURATION OF T VISAS.—
In the case of an alien who is classified as a non-
immigrant under section 101(a)(15)(T) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) before the the date of implementa-
tion of the amendment made by subsection (b)(2) 
and whose period of authorized stay was less than 
4 years, the authorized period of status of the alien
262
as such a nonimmigrant shall be extended to be 4 
years and shall be further extended on a year-by-
year basis as provided in section 214(o)(7) of such 
Act, as added by such amendment. 
(3) CERTIFICATION PROCESS.—(A) The amend-
ments made by subsection (d)(1) shall be effective as 
if included in the enactment of VAWA–2000. 
(B) The amendments made by subsection (d)(2) 
shall be effective as of the applicable date of transfer 
of authority from the Attorney General to the Sec-
retary of Homeland Security under the Homeland 
Security Act of 2002 (Public Law 107–296). 
SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by adding at the end the following: ‘‘An application 
for relief under this paragraph may be based on one or 
more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground 
or grounds for such relief without the application being 
resubmitted.’’. 
(b) APPEALS.—Such section is further amended by 
adding at the end the following: ‘‘Such an application may
263
not be considered if there is a final removal order in effect 
with respect to the alien.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(d) EFFECTIVE DATES.—
(1) The amendment made by subsection (a) 
shall apply to applications for relief pending or filed 
on or after April 10, 2003. 
(2) The amendment made by subsection (b) 
shall apply to applications for relief filed on or after 
the date of the enactment of this Act. 
SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
(a) REDUCTION IN REQUIRED PERIOD OF PRESENCE 
AUTHORIZED.—
(1) IN GENERAL.—Section 245(l) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(l)) is 
amended—
(A) in paragraph (1)(A), by inserting 
‘‘subject to paragraph (6),’’ after ‘‘(A)’’; 
(B) in paragraph (1)(A), by inserting after 
‘‘since’’ the following: ‘‘the earlier of (i) the
264
date the alien was granted continued presence 
under section 107(c)(3) of the Trafficking Vic-
tims Protection Act of 2000, or (ii)’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) The Secretary of Homeland Security may waive 
or reduce the period of physical presence required under 
paragraph (1)(A) for an alien’s adjustment of status 
under this subsection if a Federal, State, or local law en-
forcement official investigating or prosecuting trafficking 
described in section 101(a)(15)(T)(i) in relation to the 
alien or the alien’s spouse, child, parent, or sibling certifies 
that the official has no objection to such waiver or reduc-
tion.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
107(c) of the Trafficking Victims Protection Act of 
2000 (division A of Public Law 106–386; 22 U.S.C. 
7105(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) CERTIFICATION
OF
NO
OBJECTION
FOR 
WAIVER OR REDUCTION OF PERIOD OF REQUIRED 
PHYSICAL
PRESENCE
FOR
ADJUSTMENT
OF
STA-
TUS.—In order for an alien to have the required pe-
riod of physical presence under paragraph (1)(A) of 
section 245(l) of the Immigration and Nationality