Sec. 4. Immigration status for certain battered spouses and children
835 words·~4 min read·
/bill/117/hr/9474/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) ) is amended— in subparagraph (F), by striking or at the end; in subparagraph (G), by striking the period at the end and inserting ; or ; and by adding at the end the following: section 106 as an abused derivative alien. . Section 106 of the Immigration and Nationality Act ( 8 U.S.C. 1105a ) is amended to read as follows: In this section, the term abused derivative alien means an alien who— is a spouse or child admitted under section 101(a)(15); is accompanying or following to join a principal alien admitted under such section; and has been subject to battery or extreme cruelty by such principal alien.
The Secretary of Homeland Security— shall grant admission to, or extend the period of admission for, an abused derivative alien and any child of that alien under the subparagraph of section 101(a)(15) pursuant to which the principal alien was admitted for the period that is the longer of— the same period for which the principal alien was initially admitted; or 3 years; may renew a grant or an extension of status made under paragraph (1); shall grant employment authorization to an abused derivative alien and any child of that alien; and may adjust the status of an alien admitted or whose admission is extended under this section to that of an alien lawfully admitted for permanent residence if— the abused derivative alien is admissible under section 212(a); or the Secretary of Homeland Security determines that the continued presence in the United States of the abused derivative alien is justified— on humanitarian grounds; to ensure family unity; or is otherwise in the public interest; and the status under which the principal alien was admitted to the United States would have potentially allowed for eventual adjustment of status.
An alien whose parent was granted status under this section, and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child if the alien attains 21 years of age after such parent’s petition was filed. For purposes of this section, an individual who qualified to file a petition under this section as of the day before the date on which the individual attained 21 years of age, and who did not file such a petition before such day, shall be treated as having filed a petition under this section as of such day if a petition is filed before the individual attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay.
The death of the principal alien shall not affect the status of an abused derivative alien under this section. The principal alien’s loss of status or termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was one central reason for termination of the relationship or loss of status. An alien who is the spouse of a principal alien who believed that he or she had married the principal alien and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of the principal alien.
Termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was one central reason for termination of the relationship. A request for relief under this section shall be handled under the procedures that apply to an alien seeking relief under— any of clauses
(iii)through
(viii)of section 204(a)(1)(A); any of clauses
(ii)through
(v)of section 204(a)(1)(B); or subparagraph
(C)or
(D)of section 204(a)(1). Upon approval of adjustment of status of an alien described in this section, the Secretary of Homeland Security may adjust the status to that of an alien lawfully admitted for permanent residence or issue an immigrant visa to a spouse, a child, or, in the case that the primary alien is an alien child, a parent who did not receive status pursuant to this section if the Secretary considers the grant of such status or visa necessary to avoid extreme hardship to the alien who received status pursuant to this section or any derivative beneficiary of such alien. Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the alien's lawful admission for permanent residence as of the date of such approval. . The table of contents preceding section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Relief for abused derivative aliens. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources