S.Amdt. 1658

SA 1658. Mrs. MURRAY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
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 863 of the amendment, after line 21, insert the
following:

SEC. 3912. PROTECTION OF DOMESTIC VIOLENCE SURVIVORS.

(a) Relief From Certain Restrictions 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
section 2310(c) of this Act, is amended in paragraph (1) 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.
(b) Relief for Domestic Violence Survivor Visa Waiver
Entrants.--
(1) 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,''.
(2) Effective date.--The amendment made by paragraph (1)
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.
(c) Applicability of Section 212(e) to Spouses and Children
of J-1 Exchange Visitors.--In addition to the individuals
described in section 2405(c) of this Act, applicants approved
for nonimmigrant status under subparagraph (T) or (U) of
section 101(a)(15) of the Immigration and Nationality 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)).
(d) Waiver Relating to Certain Crimes.--Section 212(h), as
amended by section 3711(c)(1)(B), is amended by striking
``and (E)'' and inserting ``(E), and (K)''.
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