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H.R. 2851IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 10 · H.R. 2851

Strengthen waivers for humanitarian need, family unity, or public interest

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(a) Exception for VAWA self-Petitioners Section 212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by striking would be described in paragraph (6)(A)(ii) if violation of the terms of the alien's nonimmigrant visa were substituted for unlawful entry into the United States in subclause (III) of that paragraph. and inserting is a VAWA self-petitioner.. (b) Waivers for abused aliens (1) In general Section 212(a)(9)(C)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(iii)) is amended— (A) by inserting or the Attorney General after Secretary of Homeland Security; and (B) by striking in the case of and all that follows through United States. and inserting for humanitarian purposes, to assure family unity, when it is otherwise in the public interest, or in the case of an alien who is applying for or has a claim of relief as a VAWA self-petitioner (as defined in section 101(a)(51)).. (2) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply regardless of whether the alien’s application was filed before, on, or after such date. (c) Waivers for false claims to United States citizenship Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended by adding at the end the following new subclause: (III) Exception An alien who is a VAWA self-petitioner shall not be considered to be inadmissible under any provision of this subsection based on such representation.. (d) Definitions Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by striking or violation that he or she was a citizen, and inserting violation that he or she was a citizen, or the alien is a VAWA self-petitioner. (e) Waiver for certain VAWA self-Petitioners Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by adding at the end the following: The Attorney General may waive the application of clause (i) of subsection (a)(6)(E) in the case of an alien who is a VAWA self-petitioner.. (f) EWI exemption for VAWA, U visas, T visas, SIJs Section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(ii)) is amended to read as follows: (ii) Exception for certain battered women and children and victims Clause (i) shall not apply to an alien who demonstrates that the alien— (I) is a VAWA self-petitioner (as defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)); or (II) qualifies for relief under subparagraph (T) or (U) of section 101(a)(15)(T), section 240A(b)(2), section 244(a)(3) (as in effect on March 31, 1997), or section 101(a)(27)(J)..

Sec. 10: Strengthen waivers for humanitarian need, family unity, or public interest · Public Law Tracker