Sec. 208. Protections from removal for victims

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Section 212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended— by inserting

(I)after (6)(A)(ii) ; and by striking if . violation of the terms of the alien’s nonimmigrant visa were substituted for unlawful entry into the United States in subclause

(III)of that paragraph Section 212(a)(9)(C)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) is amended— by inserting or the Attorney General after Secretary of Homeland Security ; and by striking the language following clause

(i)and inserting for humanitarian purposes, to assure family unity, when it is otherwise in the public interest, or in the case of an alien who is applying for or has a claim of relief as a VAWA self-petitioner . Section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) ) is amended by adding at the end the following new subparagraph: Subparagraphs

(A)through

(C)shall not apply to an alien who is a VAWA self-petitioner, is an applicant or has been granted status under section 101(a)(15)(U), or is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. . Section 212(a)(4)(C)(i) of such Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows: the alien is described in subparagraph (E); or . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply regardless of whether the alien’s application was filed before, on, or after such date. Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(ii) ) is amended— by adding at the end the following new subclause: An alien who is a VAWA self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on such representation. . Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— in the last sentence of this subsection, by striking , after or violation that he or she was a citizen ; and by inserting ; or the alien is a VAWA self-petitioner; after violation that he or she was a citizen . Section 212(d)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(11) ) is amended by adding at the end the following: The Attorney General may waive the application of clause

(i)of subsection (a)(6)(E) in the case of an alien who is a VAWA self-petitioner. . Section 212(a)(9)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(A) ) is amended by adding at the end the following new clause: The Attorney General or the Secretary may waive the application of clauses

(i)or

(ii)if the alien is applying for relief as a VAWA self-petitioner. . Section 244(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(a)(3) ) (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall be applied as if or by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or permanent resident’s bigamy were inserted after by a spouse or parent who is a United States citizen or lawful permanent resident . The provisions of paragraph

(1)shall apply as if included in the enactment of the Violence Against Women Act of 2000. Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the REAL ID Act of 2005 (division B of Public Law 109–13 ), is amended— in the first clause by deleting and parents— and adding parents, trafficking victims and crime victims— ; by amending subclause

(I)to read as follows: if the basis for this motion is to apply for relief under sections 101(a)(15)(T), 101(a)(15(U), 245(a), 245(c), 245(l), 245(m), 240A(b)(2), and section 244(a)(3) (as in effect on March 31, 1997) or as a VAWA self-petitioner; ; by amending subclause

(II)to read as follows: if the motion is accompanied by a cancellation of removal or adjustment of status application to be filed with the Attorney General or by a copy of the self-petition, or the application for relief under 101(a)(15)(T) or (U), that has been or will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and ; and in the last paragraph of this section— by inserting or an alien who qualifies for classification under 101(a)(15(U) after Act of 1996 ( ; and 8 U.S.C. 1641(c)(1)(B) ) by inserting or an alien that qualifies for classification under 101(a)(15)(U) . Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) is amended by adding at the end the following new subsection: Any alien with a pending application under 101(a)(15)(T)(i) or T(i), 101(a)(15)(U)(i) or (U)(ii), 101(a)(51), 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997), shall not be ordered removed under this section. .

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