Sec. 207. Asylum protections for victims of violence against women
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Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, any group whose members share a characteristic that is either immutable or fundamental to identity, conscience, or the exercise of one’s human rights such that the person should not be required to change it, shall be deemed a particular social group, without any additional requirement. . Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended by inserting a new clause (iii), as follows, and renumbering thereafter:
Direct or circumstantial evidence, including evidence that the State is unable to protect the applicant or that the State, legal or social norms tolerate such persecution against persons like the applicant, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. . Section 208(d)(6) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(6) ) is amended— by inserting
(A)after In general —
(6); and by adding at the end the following: Subparagraph
(A)shall not apply to an alien who is otherwise eligible for classification or status as a VAWA self-petitioner, as described in section 101(a)(51) of this Act, or who is otherwise eligible for status either under section 101(a)(15)(T) or section 101(a)(15)(U) of this Act. . Section 209(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3) ) is amended— by inserting
(A)after
(3); and by adding at the end the following: was the spouse of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was granted; or was the child of a refugee within the meaning of section 101(a)(42)(A) at the time the asylum application was filed, . The amendments made by paragraph
(1)shall take effect on the date of the enactment of this Act and— section 209(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3)(B) ), as added by paragraph (1)(B), shall apply to spouses of refugees for whom an asylum application is granted before, on, or after such date; and section 209(b)(3)(C) of such Act ( 8 U.S.C. 1159(b)(3)(C) ), as so added, shall apply with respect to the child of a refugee for whom an asylum application is filed before, on, or after such date. A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same admission status as such alien if the child— is accompanying or following to join such alien; and is otherwise admissible under such section 207(c)(2)(A) or 208(b)(3). Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— by striking subparagraph (B); by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; in subparagraph (B), as redesignated, by striking
(D)and inserting
(C); by striking subparagraph (C), as redesignated, and inserting the following: Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. ; and by striking subparagraph (E). Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— in subsection (a)(2), by adding at the end the following: Subparagraphs
(A)and
(B)do not apply to an applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any Notice to Appear is issued. ; and in subsection (b)(3)(C), by striking unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( and inserting: 6 U.S.C. 279(g) )), applicant who is younger than 18 years of age on the earlier of— the date on which the asylum application is filed; or the date on which any Notice to Appear is issued, .
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Sec. 207
Asylum protections for victims of violence against women
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