S.Amdt. 1414Senate113th Congress (2013-2015)

S.Amdt. 1414

What it does: 4 changes: inserts text, adds a section, replaces text in 2 places
Submitted June 19, 2013

What it changes

4 changes to S. 744

Inserts textAdds a sectionReplaces text in 2 places
  1. Change 1: Inserts new text on page 1224, between lines 23 and 24

    Inserted: (d) Relief From Certain Restriction on Adjustment of Status.--

    Inserted: (1) Relief from certain restrictions for domestic violence survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by subsection (c), is amended in paragraph (1) as so designated by subsection (c), in the second sentence by striking the period at the end and inserting ", unless the alien is the spouse of an alien lawfully admitted for legal permanent residence or of a citizen of the United States and is a VAWA self-petitioner.".

    Inserted: (2) Conforming application in cancellation of removal.--Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--

    Inserted: (A) in subclause (II), by striking "or" at the end;

    Inserted: (B) in subclause (III), by adding "or" at the end; and

    Inserted: (C) by adding at the end the following:

    Inserted: "(IV) the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section;".

    Inserted: (3) Application under suspension of deportation for domestic violence survivors.--The Secretary or the Attorney General may suspend the deportation of an alien who is in deportation proceedings initiated prior to March 1, 1997 and adjust to the status of an alien lawfully admitted for permanent residence, if the alien--

    Inserted: (A) has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such suspension;

    Inserted: (B) has been battered or subjected to extreme cruelty in the United States by a spouse or immediate family member who is a United States citizen or a lawful permanent resident, or the alien entered the United States as an alien described in section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) with the intent to enter into a valid marriage and the alien was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section, or the child of the alien who is described in this subparagraph;

    Inserted: (C) demonstrates that during all of such time in the United States the alien was and is a person of good moral character; and

    Inserted: (D) is a person whose deportation would, in the opinion of the Secretary or Attorney General, result in extreme hardship to the alien or the alien's parent or child.

    Show 1 more inserted paragraph

    Inserted: (4) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date.

    Original wording

    On page 1224, between lines 23 and 24, insert the following:

  2. Change 2: Adds SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS wherever appropriate

    Adds a section

    Inserted: SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS.

    Inserted: (a) In General.--Section 217(b)(2) (8 U.S.C. 1187(b)(2) )is amended by inserting", as a VAWA self-petitioner or for relief under section 101(a)(15)(T), section 101(a)(15)(U), section 240A(b)(2), or under any prior statute providing comparable relief, notwithstanding any other provision of law," after "asylum,".

    Inserted: (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

  3. Change 3: Rewrites page 1274, lines 5–11

    ReplacesPrinted page

    Removes page 1274, lines 5–11 of the printed bill. See that page

    Inserted: (c) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), applicants approved for nonimmigrant status under section 101(a)(15)(T) of such Act, section 101(a)(15)(U) of such Act, and VAWA self-petitioners, as defined in section 101(a)(51) of such Act, shall not be subject to the requirements of section 212(e) of such Act (8 U.S.C. 1182(e)).

    Original wording

    On page 1274, strike lines 5 through 11 and insert the following:

  4. Change 4: Replaces “and (E)” with “(E), and (K)”

    ReplacesPage 1576, line 4Printed page

    [struck: and (E)][inserted: (E), and (K)]

    Original wording

    On page 1576, line 4, strike “and (E)”, and insert “(E), and (K)”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1414. Mrs. MURRAY (for herself and Ms. Hirono) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 1224, between lines 23 and 24, insert the following:

(d) Relief From Certain Restriction on Adjustment of Status.--

(1) Relief from certain restrictions for domestic violence survivors.--Section 245(d) (8 U.S.C. 1255(d)), as amended by subsection (c), is amended in paragraph (1) as so designated by subsection (c), in the second sentence by striking the period at the end and inserting “, unless the alien is the spouse of an alien lawfully admitted for legal permanent residence or of a citizen of the United States and is a VAWA self-petitioner.”.

(2) Conforming application in cancellation of removal.--Section 240A(b)(2)(A)(i) (8 U.S.C. 1229b(b)(2)(A)(i)) is amended--

(A) in subclause (II), by striking “or” at the end;

(B) in subclause (III), by adding “or” at the end; and

(C) by adding at the end the following:

“(IV) the alien entered the United States as an alien described in section 101(a)(15)(K) with the intent to enter into a valid marriage and the alien (or the child of the alien who is described in such section) was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section;”.

(3) Application under suspension of deportation for domestic violence survivors.--The Secretary or the Attorney General may suspend the deportation of an alien who is in deportation proceedings initiated prior to March 1, 1997 and adjust to the status of an alien lawfully admitted for permanent residence, if the alien--

(A) has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such suspension;

(B) has been battered or subjected to extreme cruelty in the United States by a spouse or immediate family member who is a United States citizen or a lawful permanent resident, or the alien entered the United States as an alien described in section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) with the intent to enter into a valid marriage and the alien was battered or subject to extreme cruelty by the United States citizen who filed the petition to accord status under such section, or the child of the alien who is described in this subparagraph;

(C) demonstrates that during all of such time in the United States the alien was and is a person of good moral character; and

(D) is a person whose deportation would, in the opinion of the Secretary or Attorney General, result in extreme hardship to the alien or the alien's parent or child.

(4) Effective date.--This subsection and the amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply to aliens admitted before, on, or after such date.

At the appropriate place, insert the following:

SEC. __. RELIEF FOR DOMESTIC VIOLENCE SURVIVOR VISA WAIVER ENTRANTS.

(a) In General.--Section 217(b)(2) (8 U.S.C. 1187(b)(2) )is amended by inserting“, as a VAWA self-petitioner or for relief under section 101(a)(15)(T), section 101(a)(15)(U), section 240A(b)(2), or under any prior statute providing comparable relief, notwithstanding any other provision of law,” after “asylum,”.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to waivers provided under section 217(b)(2) of the Immigration and Nationality Act before, on, or after such date as if it had been included in such waivers.

On page 1274, strike lines 5 through 11 and insert the following:

(c) Applicability of Section 212(e) to Spouses and Children of J-1 Exchange Visitors.--A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), applicants approved for nonimmigrant status under section 101(a)(15)(T) of such Act, section 101(a)(15)(U) of such Act, and VAWA self-petitioners, as defined in section 101(a)(51) of such Act, shall not be subject to the requirements of section 212(e) of such Act (8 U.S.C. 1182(e)).

On page 1576, line 4, strike “and (E)”, and insert “(E), and (K)”.

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Senate amendment submitted

June 19, 2013