421 
of such alien, shall be considered, for purposes of 
this subsection, to remain an immediate relative 
after the date of the citizen’s death if the spouse 
files a petition under section 204(a)(1)(A)(ii) before 
the earlier of— 
‘‘(I) 2 years after such date; or 
‘‘(II) the date on which the spouse remar-
ries. 
‘‘(iv) In this clause, an alien who has filed a pe-
tition 
under 
clause 
(iii) 
or 
(iv) 
of 
section 
204(a)(1)(A) remains an immediate relative if the 
United States citizen spouse or parent loses United 
States citizenship on account of the abuse. 
‘‘(B) Aliens born to an alien lawfully admitted 
for permanent residence during a temporary visit 
abroad.’’. 
(b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 
1154(a)(1)(A)(ii)) is amended by striking ‘‘in the second 
sentence of section 201(b)(2)(A)(i) also’’ and inserting ‘‘in 
section 201(b)(2)(A)(iii) or an alien child or alien parent 
described in the 201(b)(2)(A)(iv)’’. 
(c) RETENTION
OF IMMEDIATE RELATIVE STA-
TUS.— 
(1) IN GENERAL.—In applying clause (iii) of 
section 201(b)(2)(A) of the Immigration and Na-
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422 
tionality Act, as added by subsection (a), to an alien 
whose citizen relative died before the date of the en-
actment of this Act, the alien relative, notwith-
standing the deadlines specified in such clause, may 
file 
the 
classification 
petition 
under 
section 
204(a)(1)(A)(ii) of such Act not later than 2 years 
after the date of the enactment of this Act. 
(2) ELIGIBILITY FOR PAROLE.—If an alien was 
excluded, deported, removed or departed voluntarily 
before the date of the enactment of this Act based 
solely upon the alien’s lack of classification as an 
immediate relative (as defined by 201(b)(2)(A)(ii) of 
the Immigration and Nationality Act) due to the 
citizen’s death— 
(A) such alien shall be eligible for parole 
into the United States pursuant to the Attorney 
General’s discretionary authority under section 
212(d)(5) of such Act; and 
(B) such alien’s application for adjustment 
of status shall be considered notwithstanding 
section 212(a)(9) of such Act. 
(d) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Section 245 (8 U.S.C. 
1255), as amended by sections 407 and 511, is fur-
ther amended by adding at the end the following: 
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423 
‘‘(o) APPLICATION FOR ADJUSTMENT OF STATUS BY 
SURVIVING SPOUSES, PARENTS, AND CHILDREN.— 
‘‘(1) IN
GENERAL.—Any alien described in 
paragraph (2) who applies for adjustment of status 
before the death of the qualifying relative, may have 
such application adjudicated as if such death had 
not occurred. 
‘‘(2) ALIEN DESCRIBED.—An alien described in 
this paragraph is an alien who— 
‘‘(A) is an immediate relative (as described 
in section 201(b)(2)(A)); 
‘‘(B) is a family-sponsored immigrant (as 
described in subsection (a) or (d) of section 
203); 
‘‘(C) is a derivative beneficiary of an em-
ployment-based immigrant under section 203(b) 
(as described in section 203(d)); or 
‘‘(D) is a derivative beneficiary of a diver-
sity 
immigrant 
(as 
described 
in 
section 
203(c)).’’. 
(2) TRANSITION PERIOD.— 
(A) IN GENERAL.—Notwithstanding a de-
nial of an application for adjustment of status 
for an alien whose qualifying relative died be-
fore the date of the enactment of this Act, such 
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424 
application may be renewed by the alien 
through a motion to reopen, without fee, if such 
motion is filed not later than 2 years after such 
date of enactment. 
(B) ELIGIBILITY
FOR
PAROLE.—If an 
alien was excluded, deported, removed or de-
parted voluntarily before the date of the enact-
ment of this Act— 
(i) such alien shall be eligible for pa-
role into the United States pursuant to the 
Attorney General’s discretionary authority 
under section 212(d)(5) of the Immigra-
tion and Nationality Act; and 
(ii) such alien’s application for adjust-
ment of status shall be considered notwith-
standing section 212(a)(9) of such Act. 
(e) PROCESSING OF IMMIGRANT VISAS.— 
(1) IN
GENERAL.—Section 204(b) (8 U.S.C. 
1154), as amended by section 204(b) of this Act, is 
further amended— 
(A) by striking ‘‘After an investigation’’ 
and inserting the following: 
‘‘(1) IN
GENERAL.—After an investigation’’; 
and 
(B) by adding at the end the following: 
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425 
‘‘(2) DEATH OF QUALIFYING RELATIVE.— 
‘‘(A) IN GENERAL.—Any alien described in 
paragraph (2) whose qualifying relative died be-
fore the completion of immigrant visa proc-
essing may have an immigrant visa application 
adjudicated as if such death had not occurred. 
An immigrant visa issued before the death of 
the qualifying relative shall remain valid after 
such death. 
‘‘(B) ALIEN
DESCRIBED.—An alien de-
scribed in this paragraph is an alien who— 
‘‘(i) is an immediate relative (as de-
scribed in section 201(b)(2)(A)); 
‘‘(ii) is a family-sponsored immigrant 
(as described in subsection (a) or (d) of 
section 203); 
‘‘(iii) is a derivative beneficiary of an 
employment-based immigrant under section 
203(b) (as described in section 203(d)); or 
‘‘(iv) is a derivative beneficiary of a 
diversity immigrant (as described in sec-
tion 203(c)).’’. 
(2) TRANSITION PERIOD.— 
(A) IN GENERAL.—Notwithstanding a de-
nial or revocation of an application for an immi-
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426 
grant visa for an alien whose qualifying relative 
died before the date of the enactment of this 
Act, such application may be renewed by the 
alien through a motion to reopen, without fee, 
if such motion is filed not later than 2 years 
after such date of enactment. 
(B) INAPPLICABILITY OF BARS.—Notwith-
standing section 212(a)(9) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(9)), the 
Secretary shall consider the application for an 
immigrant visa submitted by an alien who was 
excluded, deported, removed, or departed volun-
tarily before the date of the enactment of this 
Act. 
(f) NATURALIZATION.—Section 319(a) (8 U.S.C. 
1429(a)) is amended by inserting ‘‘(or, if the spouse is 
deceased, the spouse was a citizen of the United States)’’ 
after ‘‘citizen of the United States’’. 
SEC. 517. RELIEF FOR WIDOWS AND ORPHANS. 
(a) NEW SPECIAL IMMIGRANT CATEGORY.— 
(1) CERTAIN CHILDREN AND WOMEN AT RISK 
OF
HARM.—Section 
101(a)(27) 
(8 
U.S.C. 
1101(a)(27)) is amended— 
(A) in subparagraph (L), by adding a 
semicolon at the end; 
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427 
(B) in subparagraph (M), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(N) subject to subsection (j), an immi-
grant who is not present in the United States— 
‘‘(i) who is— 
‘‘(I) referred to a consular, immi-
gration, or other designated official by 
a United States Government agency, 
an international organization, or rec-
ognized nongovernmental entity des-
ignated by the Secretary of State for 
purposes of such referrals; and 
‘‘(II) determined by such official 
to be a minor under 18 years of age 
(as 
determined 
under 
subsection 
(j)(5))— 
‘‘(aa) for whom no parent or 
legal guardian is able to provide 
adequate care; 
‘‘(bb) who faces a credible 
fear of harm related to his or her 
age; 
‘‘(cc) who lacks adequate 
protection from such harm; and 
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428 
‘‘(dd) for whom it has been 
determined to be in his or her 
best interests to be admitted to 
the United States; or 
‘‘(ii) who is— 
‘‘(I) referred to a consular or im-
migration official by a United States 
Government agency, an international 
organization or recognized nongovern-
mental entity designated by the Sec-
retary of State for purposes of such 
referrals; and 
‘‘(II) determined by such official 
to be a female who has— 
‘‘(aa) a credible fear of 
harm related to her sex; and 
‘‘(bb) a lack of adequate 
protection from such harm.’’. 
(2) STATUTORY CONSTRUCTION.—Section 101 
(8 U.S.C. 1101) is amended by adding at the end 
the following: 
‘‘(j)(1) No natural parent or prior adoptive parent 
of any alien provided special immigrant status under sub-
section (a)(27)(N)(i) shall thereafter, by virtue of such 
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429 
parentage, be accorded any right, privilege, or status 
under this Act. 
‘‘(2)(A) No alien who qualifies for a special immi-
grant visa under subsection (a)(27)(N)(ii) may apply for 
derivative status or petition for any spouse who is rep-
resented by the alien as missing, deceased, or the source 
of harm at the time of the alien’s application and admis-
sion. The Secretary of Homeland Security may waive this 
requirement for an alien who demonstrates that the alien’s 
representations regarding the spouse were bona fide. 
‘‘(B) An alien who qualifies for a special immigrant 
visa under subsection (a)(27)(N) may apply for derivative 
status or petition for any sibling under the age of 18 years 
or children under the age of 18 years of any such alien, 
if accompanying or following to join the alien. For pur-
poses of this subparagraph, a determination of age shall 
be made using the age of the alien on the date the petition 
is filed with the Department of Homeland Security. 
‘‘(3) An alien who qualifies for a special immigrant 
visa under subsection (a)(27)(N) shall be treated in the 
same manner as a refugee solely for purposes of section 
412. 
‘‘(4) The provisions of paragraphs (4), (5), and 
(7)(A) of section 212(a) shall not be applicable to any 
alien seeking admission to the United States under sub-
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430 
section (a)(27)(N), and the Secretary of Homeland Secu-
rity may waive any other provision of such section (other 
than paragraph 2(C) or subparagraph (A), (B), (C), or 
(E) of paragraph (3)) with respect to such an alien for 
humanitarian purposes, to assure family unity, or when 
it is otherwise in the public interest. Any such waiver by 
the Secretary shall be in writing and shall be granted only 
on an individual basis following an investigation. The Sec-
retary shall submit an annual report to Congress on the 
number of waivers granted under this paragraph during 
the previous fiscal year and a summary of the reasons for 
granting such waivers. 
‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 
determination of age shall be made using the age of the 
alien on the date on which the alien was referred to the 
consular, immigration, or other designated official. 
‘‘(6) The Secretary of Homeland Security shall waive 
any application fee for a special immigrant visa for an 
alien described in section 101(a)(27)(N).’’. 
(3) EXPEDITED PROCESS.—Not later than 45 
days after the date of referral to a consular, immi-
gration, or other designated official (as described in 
section 101(a)(27)(N) of the Immigration and Na-
tionality Act, as added by paragraph (1))— 
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431 
(A) special immigrant status shall be adju-
dicated; and 
(B) if special immigrant status is granted, 
the alien shall be paroled into the United States 
pursuant to section 212(d)(5) of that Act (8 
U.S.C. 1182(d)(5)) and allowed to apply for ad-
justment of status to permanent residence 
under section 245 of that Act (8 U.S.C. 1255) 
not later than 1 year after the alien’s arrival in 
the United States. 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretary shall submit a report to the Committee on 
the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives that 
includes— 
(A) data related to the implementation of 
this section and the amendments made by this 
section; 
(B) data regarding the number of place-
ments of females and children who faces a cred-
ible fear of harm as referred to in section 
101(a)(27)(N) of the Immigration and Nation-
ality Act, as added by paragraph (1); and 
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