IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN.

SEC. 1503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED IMMIGRANT WOMEN. (a) Intended Spouse Defined.—Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: “(50) The term ‘intended spouse’ means any alien who meets the criteria set forth in section 204(a)(1)(A)(iii)(II)(aa)(BB), 204(a)(1)(B)(ii)(II)(aa)(BB), or 240A(b)(2)(A)(i)(III).”. (b) Immediate Relative Status for Self-Petitioners Married to U.S. Citizens.— (1) Self-petitioning spouses.— (A) Battery or cruelty to alien or alien’s child.—Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows: 114 STAT. 1519 “(iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that— “(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and “(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse. “(II) For purposes of subclause (I), an alien described in this subclause is an alien— “(aa)(AA) who is the spouse of a citizen of the United States; “(BB) who believed that he or she had married a citizen of the United States 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 tides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or “(CC) who was a bona fide spouse of a United States citizen within the past 2 years and— “(aaa) whose spouse died within the past 2 years; “(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or “(ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse; “(bb) who is a person of good moral character; “(cc) who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i) or who would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry; and “(dd) who has resided with the alien’s spouse or intended spouse.”. (2) Self-petitioning children.—Section 204(a)(l)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(A)(iv)) is amended to read as follows: “(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residence includes any period of visitation.”. (3) Filing of petitions.—Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following: 114 STAT. 1520 “(v) An alien who— “(I) is the spouse, intended spouse, or child living abroad of a citizen who— “(aa) is an employee of the United States Government; “(bb) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code); or “(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and “(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.”. (c) Second Preference Immigration Status for Self-Petitioners Married to Lawful Permanent Residents.— (1) Self-petitioning spouses.—Section 204(a)(l)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(ii)) is amended to read as follows: “(ii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of section 203(a)(2)(A) and if the alien demonstrates to the Attorney General that— “(aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien; and “(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien’s spouse or intended spouse. “(II) For purposes of subclause (I), an alien described in this paragraph is an alien— “(aa)(AA) who is the spouse of a lawful permanent resident of the United States; or “(BB) who believed that he or she had married a lawful permanent resident of the United States 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 such lawful permanent resident of the United States; or “(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and— “(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or “(bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse; “(bb) who is a person of good moral character; “(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien intended to marry; and “(dd) who has resided with the alien’s spouse or intended spouse.”. 114 STAT. 1521 (2) Self-petitioning children.—Section 204(a)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to read as follows: “(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who resides, or has resided in the past, with the alien’s permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent.”. (3) Filing of petitions.— Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following: “(iv) An alien who— “(I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who— “(aa) is an employee of the United States Government; “(bb) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code); or “(cc) has subjected the alien or the alien’s child to battery or extreme cruelty in the United States; and “(II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.”. (d) Good Moral Character Determinations for Self-Petitioners and Treatment of Child Self-Petitioners and Petitions Including Derivative Children Attaining 21 Years of age.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended— (1) by redesignating subparagraphs (C) through (H) as subparagraphs (E) through (J), respectively; (2) by inserting after subparagraph (B) the following: “(C) Notwithstanding section 101(f), an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner’s admissibility under section 212(a) or deportability under section 237(a) shall not bar the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or conviction was connected to the alien’s having been battered or subjected to extreme cruelty. “(D)(i)(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of section 204(a)(1)(A) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable, with the same priority date assigned to the self-petition filed under clause (iv) of section 204(a)(1)(A). No new petition shall be required to be filed. 114 STAT. 1522 “(II) Any individual described in subclause (I) is eligible for deferred action and work authorization. “(III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable, with the same priority date as that assigned to the petitioner in any petition described in clause (ii). No new petition shall be required to be filed. “(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is eligible for deferred action and work authorization. “(ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary.”; and (3) in subparagraph (J) (as so redesignated), by inserting “or in making determinations under subparagraphs (C) and (D),” after “subparagraph (B),”. (e) Access to Naturalization for Divorced Victims of Abuse.—Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 1430(a)) is amended— (1) by inserting “, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty,” after “United States” the first place such term appears; and (2) by inserting “(except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent)” after “has been living in mar ital union with the citizen spouse”.