Pub. L. 109-162, tit. VIII, subtit. A, sec. 805

PROTECTING VICTIMS OF CHILD ABUSE.

EnactedYear: 2006Length: 432 wordsOfficial source
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. (a) Aging Out Children.—Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended—(1) in clause (i)—(A) in subclause (I), by inserting “or section 204(a)(1)(B)(iii)” after “204(a)(1)(A)” each place it appears; and (B) in subclause (III), by striking “a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable,” and inserting “a VAWA self-petitioner”; and (2) by adding at the end the following: “(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of section 245 as an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).”. (b) Application of CSPA Protections.—(1) Immediate relative rules.—Section 201(f) of the Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by adding at the end the following: “(4) Application to self-petitions.—Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.”. (2) Children rules.—Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the end the following: “(4) Application to self-petitions.—Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.”. (c) Late Petition Permitted for Immigrant Sons and Daughters Battered as Children.—(1) In general.—Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by subsection (a), is further amended by adding at the end the following: “(v) For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition under subparagraph (A)(iv) 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 such subparagraph as of such day if a petition is filed for the status described in such subparagraph 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. Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner as an individual filing a petition under subparagraph (A)(iv).”. (d) Removing a 2-Year Custody and Residency Requirement for Battered Adopted Children.—Section 101(b)(1)(E)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting before the colon the following: “or if the 119 STAT. 3057 child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household”.