Sec. 204. Battered spouse and family member protections and nonimmigrants

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Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended, in the matter before the first proviso, by inserting unless the alien is a VAWA self-petitioner or an applicant for nonimmigrant status under 101(a)(15)(T) or

(U)after for an aggregate of at least two years following departure from the United States . The amendment made by this paragraph shall apply to aliens regardless of whether the foreign residence requirement under section 212(e) of the Immigration and Nationality Act arises out of an admission or acquisition of status under section 101(a)(15)(J) of such Act, before, on, or after the date of enactment of this Act. Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended— in subclause (I)(bb), by inserting or to conclude in a valid marriage after intended by the alien to be legally a marriage ; in subclause (II)(aa)— by striking or at the end of subitem (BB); by inserting or at the end of subitem (CC); and by adding at the end the following new subitem: who entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or child of the alien) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section; ; in subclause (II)(cc)— by striking or who and inserting , who ; and by inserting , or who is described in subitem (aa)(DD) before the semicolon; and in subclause (II)(dd) by inserting or who is described in subitem (aa)(DD) before the period. Section 214(d)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d)(1) ) is amended by inserting before the period at the end the following: unless the alien (and the child of the alien) entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien or child was battered or subjected to extreme cruelty by the United States citizen who filed the petition to accord status under such section . The amendments made by this subsection shall apply to aliens admitted before, on, or after the date of enactment of this Act. Section 240A(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(b)(2)(A)(i) ) is amended— by striking or at the end of subclause (II); by adding or at the end of subclause (III); and by adding at the end the following new subclause: the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section; . The second sentence of section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended by inserting before the period the following: , unless the alien is described in section 204(a)(1)(A)(iii)(II)(aa)(DD) . Section 244(a)(3) of such Act (8 U.S.C. 1254(a)(3)) (as in effect on March 31, 1997) shall be applied (as if in effect on such date) as if the phrase is described in section 240A(b)(2)(A)(i)(IV) or were inserted before has been battered the first place it appears. The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date. Section 217(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1187(b)(2) ) is amended by inserting as a VAWA self-petitioner or for relief under section 101(a)(15)(T) or (U), under section 240A(b)(2), or under section 244(a)(3) (as in effect on March 31, 1997), after asylum, . The amendment made by paragraph

(1)shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers. Section 204(a)(1)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)) is amended— in subitem

(CC)by inserting or at the end; and by adding a new subitem

(DD)as follows: who is or was the bona fide spouse of an alien who is now a Lawful Permanent Resident. .

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