311 
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. 
PART 3—MISCELLANEOUS PROVISIONS 
SEC. 841. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE-
QUIREMENT FOR BATTERED ADOPTED CHIL-
DREN. 
(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’’.
312 
(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. 
SEC. 842. WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY FOR VAWA PETITIONERS. 
(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
313 
‘‘(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.— 
(1) IN GENERAL.—Section 212(a)(4) of such 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at 
the end the following new subparagraph: 
‘‘(E) 
SPECIAL
RULE
FOR
BATTERED 
ALIENS.—Subparagraphs (A) through (C) shall 
not apply to an alien who is a VAWA petitioner 
or is a qualified alien described in section 
431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(a)(4)(C)(i) 
of 
such 
Act 
(8 
U.S.C. 
1182(a)(4)(C)(i)) is amended to read as follows: 
‘‘(i) the alien is described in subpara-
graph (E); or’’.
314 
(d) EFFECTIVE DATE.—Except as provided in this 
section, the amendments made by this section shall take 
effect on the date of the enactment of this Act and shall 
apply regardless of whether the conviction was entered, 
crime, or disqualifying event occurred before, on, or after 
such date. 
SEC. 843. TREATMENT OF GOOD MORAL CHARACTER. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended—— 
(1) in subparagraphs (F) and (G), by striking 
‘‘at least one year’’ and inserting ‘‘is more than one 
year’’; 
(2) in subparagraph (J), by striking ‘‘one year 
imprisonment or more’’ by inserting ‘‘imprisonment 
of more than one year’’; 
(3) in subparagraph (P), by striking ‘‘at least 
12 months’’ and inserting ‘‘more than one year’’; 
and 
(4) in subparagraphs (R) and (S), by striking 
‘‘at least one year’’ and inserting ‘‘more than one 
year’’. 
(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 all convictions entered
315 
(and criminal acts occurring) before, on, or after the date 
of the enactment of this Act. 
SEC. 844. EMPLOYMENT AUTHORIZATION FOR BATTERED 
SPOUSES OF H–1B VISA HOLDERS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by 
sections 403(a) and 404(a) of the REAL ID Act of 2005 
(Division B of Public Law 109–13), is amended by adding 
at the end the following new paragraph: 
‘‘(15) In the case of an alien spouse admitted under 
section 101(a)(15)(H) who is accompanying or following 
to join a principal alien admitted under section 
101(a)(15)(H)(i)(B), the Secretary of Homeland Security 
shall authorize the alien spouse to engage in employment 
in the United States and provide the spouse with an ‘em-
ployment authorized’ endorsement or other appropriate 
work permit if the alien spouse demonstrates that during 
the marriage the alien spouse or a child of the alien spouse 
has been battered or has been the subject to extreme cru-
elty perpetrated by the spouse of the alien spouse.’’. 
(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 aliens who obtained 
the status of an alien spouse admitted under section