OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.

SEC. 1505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS. (a) Battered Immigrant Waiver.—Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end the following: “The Attorney General in the Attorney General’s discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any case in which there is a connection between— “(1) the alien’s having been battered or subjected to extreme cruelty; and “(2) the alien’s— “(A) removal; “(B) departure from the United States; “(C) reentry or reentries into the United States; or “(D) attempted reentry into the United States.”. (b) Domestic Violence Victim Waiver.— (1) Waiver for victims of domestic violence.—Section 237(a) of the Immigration and Nationality Act (8 U.S.C, 1227(a)) is amended by inserting at the end the following: “(7) Waiver for victims of domestic violence.— “(A) In general.—The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship— “(i) upon a determination that— “(I) the alien was acting is self-defense; “(II) the alien was found to have violated a protection order intended to protect the alien; or “(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime— “(aa) that did not result in serious bodily injury; and “(bb) where there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty. “(B) Credible evidence considered.—In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”. (2) Conforming amendment.—Section 240A(b)(l)(C) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 114 STAT. 1526amended by inserting “(except in a case described in section 237(a)(7) where the Attorney General exercises discretion to grant a waiver)” after “237(a)(3)”. (c) Misrepresentation Waivers for Battered Spouses of United States Citizens and Lawful Permanent Residents.— (1) Waiver of inadmissibility.—Section 212(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by inserting before the period at the end the following: “or, in the case of an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), the alien demonstrates extreme hardship to the alien or the alien’s United States citizen, lawful permanent resident, or qualified alien parent or child”. (2) Waiver of deportability.—Section 237(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is amended— (A) in clause (i), by inserting “(I)” after “(i)”; (B) by redesignating clause (ii) as subclause (II); and (C) by adding after clause (i) the following: “(ii) is an alien who qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B) ”. (d) Battered Immigrant Waiver.—Section 212(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is amended— (1) in subparagraph (A), by striking “or" at the end; (2) in subparagraph (B), by adding “or” at the end; and (3) by inserting after subparagraph (B) the following: “(C) qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B);”. (e) Waivers for VAWA Eligible Battered Immigrants.—Section 212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(h)(1)) is amended— (1) in subparagraph (B), by striking “and” and inserting “or”; and (2) by adding at the end the following: “(C) the alien qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B); and”. (f) Public Charge.—Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following: “(p) In determining whether an alien described in subsection (a)(4)(C)(i) is inadmissible under subsection (a)(4) or ineligible to receive an immigrant visa or otherwise to adjust to the status of permanent resident by reason of subsection (a)(4), the consular officer or the Attorney General shall not consider any benefits the alien may have received that were authorized under section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).”. (g) Report.—Not later than 6 months after the date of the enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives covering, with respect to fiscal year 1997 and each fiscal year thereafter— (1) the policy and procedures of the Immigration and Naturalization Service under which an alien who has been battered 114 STAT. 1527or subjected to extreme cruelty who is eligible for suspension of deportation or cancellation of removal can request to be placed, and be placed, in deportation or removal proceedings so that such alien may apply for suspension of deportation or cancellation of removal; (2) the number of requests filed at each district office under this policy; (3) the number of these requests granted reported separately for each district; and (4) the average length of time at each Immigration and Naturalization office between the date that an alien who has been subject to battering or extreme cruelty eligible for suspension of deportation or cancellation of removal requests to be placed in deportation or removal proceedings and the date that the immigrant appears before an immigration judge to file an application for suspension of deportation or cancellation of removal.