Sec. 206. Battered spouse waivers and conditional residents
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Section 216(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(c)(4) ) is amended— in subparagraph (B)— by inserting after (other than through the death of the spouse) the following: , or the alien has filed for termination of marriage and shall furnish proof of termination prior to the time of adjudication, ; and by striking or at the end; in subparagraph
(C)by striking the period and inserting , or ; and after subparagraph
(C)by inserting the fol1lowing new subparagraph: the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony has been battered by or was subject to extreme cruelty perpetrated by his or her intended spouse and was not at fault in failing to meet the requirements of paragraph (1). . Section 216(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(c)(4) ), as amended by subsection (a), is further amended— in the matter preceding subparagraph (A), by striking The Attorney General, in the Attorney General's and inserting The Secretary of Homeland Security, in the Secretary's ; and in the undesignated paragraph at the end— in the first sentence, by striking Attorney General and inserting Secretary of Homeland Security ; in the second sentence, by striking Attorney General and inserting Secretary ; in the third sentence, by striking Attorney General. and inserting Secretary. ; and in the fourth sentence, by striking Attorney General and inserting Secretary . Such section is further amended by adding at the end the following: An application for relief under this paragraph may be based on one or more grounds specified in subparagraphs
(A)through
(D)and may be amended at any time to change the ground or grounds for such relief without the application being resubmitted. . Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at the end the following: or qualifies for a waiver under section 216(c)(4) . Section 216(c)(4)(B) is amended by inserting or the alien has filed for termination of marriage and will furnish proof of termination by the time of adjudication after terminated (other than through the death of the spouse) ; In the case of an alien who meets the requirements of subsection
(c)the Secretary may adjust the status of any child of the alien as immediate relatives under section 201(b)(2)(A)(i) (8 U.S.C. 1151). The amendments made by subsection
(a)shall apply as if included in the enactment of the Violence Against Women Act of 2000. The amendments made by subsections
(b)and
(c)shall apply to applications for relief pending or filed on or after April 10, 2003. The amendments made by subsections
(d)and
(e)shall take effect upon enactment.
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