Sec. 205. Battered spouse and family member protections
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Section 204(a)(1)(A)(iii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)(I)(bb)) is amended by inserting abandoned, before battered . Section 204(a)(1)(B)(ii)(I)(bb) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)(I)(bb)) is amended by inserting abandoned, before battered . Section 204(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A) ) is amended— in clause (iii)(I)(bb) by striking during the marriage or relationship intended by the alien to be legally a marriage, ; in clause (iii)(II)(aa)(CC)(bbb) by striking related to an incident of domestic violence ; in clause (iii)(II)(aa)— by striking subitem (CC)(ccc); and by inserting after
(CC)the following: who was a bona fide spouse of a United States citizen whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage; ; and in clause (iii)(II)(dd) by inserting at any time before resided with . Section 204(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(B) ) is amended— in clause (ii)(I)(bb) by striking during the marriage or relationship intended by the alien to be legally a marriage, ; in clause (ii)(II)(aa), by striking subitem (CC), and inserting the following: who was a bona fide spouse of a lawful permanent resident within the past two years and whose spouse lost status within the past 2 years due to an incident of battering or extreme cruelty; or who was a bona fide spouse of a lawful permanent resident whose marriage was legally terminated. Applications under this subsection must be filed within 2 years beginning on the date that the alien spouse receives actual notice of the final court order legally terminating the marriage; ; and in clause (ii)(II)(dd) is amended by inserting at any time before resided with . Section 204(h) of the Immigration and Nationality Act ( 8 U.S.C. 1154(h) ) is amended by striking was approved and inserting has been filed . Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. (d)(5)) is amended by adding at the end the following: The Secretary of Homeland Security shall grant parole under subparagraph
(A)to the following: A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a United States citizen spouse, parent, or son or daughter. A VAWA self-petitioner whose petition was approved based on the petitioner or a child of the petitioner having been battered or subjected to extreme cruelty by a lawful permanent resident spouse or parent. An alien whose petition was approved or who qualifies to be classified as a nonimmigrant described in section 101(a)(15)(U)(ii). The child of an alien described in clauses (i), (ii), (iii), or
(iv)of this subsection who is outside of the United States. The child of an alien described in clauses
(v)of this subsection who is outside of the United States. The grant of parole under clause (i), (ii), or
(iii)of subparagraph
(C)shall extend from the date of approval of the applicable petition to the time the application for adjustment of status filed by aliens covered under such subparagraphs has been finally adjudicated. Applications for adjustment of status filed by aliens covered under such clauses shall be treated as if they were applications filed under section 204(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of section 245(a) and (c). The grant of parole under subparagraph clause
(iv)or
(v)of such subparagraph shall extend from the date of the determination of the Secretary of State described in such subparagraph to the time the application for status under section 101(a)(15)(U)(ii) has been finally adjudicated. Failure by any alien covered by subparagraph
(C)to exercise due diligence in filing a visa petition on the alien’s behalf may result in revocation of parole. . Section 201(a)(1)(A)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(A)(iv) ) is amended to read as follows: An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of the alien) if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent and that the alien— is the child or incapacitated son or daughter of a citizen of the United States; was a child or incapacitated son or daughter of a United States citizen parent who within the past 2 years lost or renounced citizenship status; who believed that he or she was the child of a citizen of the United States— because a marriage ceremony was actually performed between the U.S. citizen and alien’s other parent; and the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but the marriage is not legitimate solely because of the bigamy of such citizen of the United States; or was a child of a United States citizen parent— who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or whose marriage to the alien’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent; is a person of good moral character; is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title; and resides, or has resided in the past, with the citizen parent (for purposes of this clause, residence includes any period of visitation). . Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(b)(iii) ) is amended to read as follows: An alien may file a petition with the Secretary under this subparagraph for classification of the alien (and any spouse or child of then alien) under such section if the alien demonstrates to the Secretary that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent and that the alien— is the child or incapacitated son or daughter of an alien lawfully admitted for permanent residence; was the child or incapacitated son or daughter of a lawful permanent resident who within the past 2 years lost lawful permanent resident status; believed that he or she was a child of an alien stepparent lawfully admitted for permanent residence— because a marriage ceremony was actually performed between the lawful permanent resident and alien’s other parent; and the alien’s other parent otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of marriage, but the marriage is not legitimate solely because of the bigamy of such alien lawfully admitted for permanent residence; or was a child of a lawful permanent resident— who within the past 2 years (or, if later, 2 years after the date the child attains 18 years of age) died; or whose marriage to the alien child’s parent was terminated, including by divorce, annulment, or by death of the natural parent or the abusive stepparent; is a person of good moral character, who is eligible for classification under section 1153(a)(2)(A) of this title; and resides, or has resided in the past, with the alien's permanent resident alien parent (for purposes of this clause, residence includes any period of visitation). . Section 204(l)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l)(2) ) is amended— in subparagraph (E), by striking or at the end; by redesignating subparagraph
(F)as subparagraph (G); and by inserting after subparagraph
(E)the following: a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or . Section 309 of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1101 note), as amended by section 203(a) of the Nicaraguan Adjustment and Central American Relief Act ( 8 U.S.C. 1255 note; Public Law 105–100 ), is amended— in subsection (c)(5)(C)(i)(VII)(aa), as amended by section 1510(b) of the Violence Against Women Act of 2000— by striking or at the end of subitem (BB); by striking and at the end of subitem
(CC)and inserting or ; and by adding at the end the following new subitem: at the time at which the spouse or child files an application for suspension of deportation or cancellation of removal; and ; in subsection (f), in paragraph (1), by inserting including subsections
(VI)and
(VII)after the alien is described in subsection (c)(5)(C)(i) of this section ; and in subsection (g)— by inserting
(1)before Notwithstanding ; by inserting subject to paragraph (2), after section 101(a) of the Immigration and Nationality Act)), ; and by adding at the end the following new paragraph: There shall be no limitation on a motion to reopen removal or deportation proceedings in the case of an alien who is described in subclause
(VI)or
(VII)of subsection (c)(5)(C)(i). Motions to reopen removal or deportation proceedings in the case of such an alien shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii) of the Immigration and Nationality Act. .
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- Pub. L. 104-208
- Pub. L. 105-100
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Sec. 205
Battered spouse and family member protections
Pub. L.Pub. L. 104-208
Pub. L.Pub. L. 105-100
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