Protecting Immigrant Victims of Domestic Violence Act
Bill: S.260 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Immigration

Summary:
Protecting Immigrant Victims of Domestic Violence Act
This bill allows an abused spouse or child whose immigrant status is derived from another alien (the principal alien) to obtain immigrant status independent of the principal alien. Current law provides a path to immigrant status to abused individuals who derive their status from a U.S. citizen or lawful permanent resident, but not to those who derive their status from another alien.
Such an abused spouse or child must be accompanying or following to join the principal alien and have been subject to battery or extreme cruelty by the principal alien. An abused individual with immigrant status shall receive employment authorization, be eligible for renewal or extension of status, and become an alien lawfully admitted for permanent residence under certain conditions.

To provide immigration status for certain battered spouses and 
                               children.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Immigrant Victims of 
Domestic Violence Act''.

SEC. 2. IMMIGRATION STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.

    (a) Nonimmigrant Status for Certain Battered Spouses and 
Children.--Section 101(a)(51) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(51)) is amended--
            (1) in subparagraph (F), by striking ``or'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(H) section 106 as an abused derivative alien.''.
    (b) Relief for Abused Derivative Aliens.--
            (1) Amendment.--Section 106 of the Immigration and 
        Nationality Act (8 U.S.C. 1105a) is amended to read as follows:

``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.

    ``(a) Abused Derivative Alien Defined.--In this section, the term 
`abused derivative alien' means an alien who--
            ``(1) is a spouse or child admitted under section 
        101(a)(15);
            ``(2) is accompanying or following to join a principal 
        alien admitted under such section; and
            ``(3) has been subject to battery or extreme cruelty by 
        such principal alien.
    ``(b) Relief for Abused Derivative Aliens.--The Secretary of 
Homeland Security--
            ``(1) shall grant admission to, or extend the period of 
        admission for, an abused derivative alien under the 
        subparagraph of section 101(a)(15) pursuant to which the 
        principal alien was admitted for the period that is the longer 
        of--
                    ``(A) the same period for which the principal alien 
                was initially admitted; or
                    ``(B) 3 years;
            ``(2) may renew a grant or an extension of status made 
        under paragraph (1);
            ``(3) shall grant employment authorization to an abused 
        derivative alien; and
            ``(4) may adjust the status of an abused derivative alien 
        to that of an alien lawfully admitted for permanent residence 
        if--
                    ``(A)(i) the abused derivative alien is admissible 
                under section 212(a); or
                    ``(ii) the Secretary of Homeland Security 
                determines that the continued presence in the United 
                States of the abused derivative alien is justified--
                            ``(I) on humanitarian grounds;
                            ``(II) to ensure family unity; or
                            ``(III) is otherwise in the public 
                        interest; and
                    ``(B) the status under which the principal alien 
                was admitted to the United States would have 
                potentially allowed for eventual adjustment of status.
    ``(c) Effect of Termination of Relationship.--Termination of the 
relationship with principal alien shall not affect the status of an 
abused derivative alien under this section if battery or extreme 
cruelty by the principal alien was one central reason for termination 
of the relationship.
    ``(d) Procedures.--A request for relief under this section shall be 
handled under the procedures that apply to an alien seeking relief 
under section 204(a)(1)(B).''.
            (2) Clerical amendment.--The table of contents preceding 
        section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101) is amended by striking the item relating to section 106 
        and inserting the following:

``Sec. 106. Relief for abused derivative aliens.''.
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