Sec. 4. Immigration status for certain battered spouses and children
982 words·~4 min read·
/bill/118/hr/5145/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 consider an abused derivative alien and any child of that alien be admissible and eligible to extend the period of admission for the period for the period that is the longer of— the same period for which the principal alien was initially admitted; or 3 years; may extend any period of admission under paragraph
(1)as the Secretary determines appropriate; shall grant employment authorization to an abused derivative alien and any eligible 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 not inadmissible 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 adjusted status to that of a lawful permanent resident under this section, and who was under 21 years of age on the date on which such parent petitioned for such adjustment, 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 deemed 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 battery or extreme cruelty described in subsection (a)(3) was a primary cause for the delay in filing. 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 the legal termination of the abused derivative alien’s familial or marital 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 such termination or loss of status. In the case of an alien who— believed that he or she had married the principal alien; participated in a marriage ceremony with the principal alien that was actually performed; and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, that alien may not be considered not to be the spouse of such principal alien for purposes of this section solely because the marriage to the principal alien was invalid on the basis of bigamy. 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 abused derivative alien, the Secretary of Homeland Security may, to the extent necessary to avoid extreme hardship to the abused derivative alien or a covered derivative of the abused derivative alien, adjust the status of a covered derivative of the abused derivative alien to that of an alien lawfully admitted for permanent residence or issue an immigrant visa to such covered derivative. 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. For purposes of this subsection, the term covered derivative means, with respect to an abused derivative alien, 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. Admission and eligibility for adjustment of status under subsection
(b)shall not preclude adjustment of status based on other grounds for which the alien is eligible. . 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. . Section 204(h) of the Immigration and Nationality Act ( 8 U.S.C. 1154(h) ) is amended in the second sentence by amending to read as follows: Remarriage or marriage of a VAWA self-petitioner who has filed an application or petition for relief under any provision referred to section 101(a)(51) shall have no effect on approval of such petition or application and shall not be the basis for revocation of an petition under section 205. . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to VAWA self-petitioners filing applications before, on, or after the date of the enactment of this Act.
Connectionstraces to 3
Citation graph
cites case law
Sec. 4
Immigration status for certain battered spouses and children
Cites 3Cited by 0 across 0 sources