U visa reform

(a) Physical or mental abuse Section 101(a)(15)(U)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(I)) is amended by striking the semicolon after criminal activity described in clause (iii) and inserting the following: or civil violations described in clause (iv); and. (b) Removal of certain bases Section 101(a)(15)(U)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)) is amended by striking subclauses (II) and (III). (c) Inclusion of civil violations Section 101(a)(15)(U)(i)(IV) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(i)(IV)) is amended— (1) by striking (IV) and inserting (II); and (2) by inserting after criminal activity described in clause (iii) the following: or civil violations described in clause (iv). (d) Civil violations described Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended— (1) in clause (ii)(II), by striking and at the end; (2) in clause (iii), by striking or at the end and inserting and; and (3) by adding at the end the following: (iv) the term civil violations refers to violations related to the activities described in clause (iii) that may give rise to a civil or administrative investigation, proceeding or adjudication; or. (e) Adding qualifying crimes and civil violations Section 101(a)(15)(U) of the Immigration and Nationality Act, as amended by this Act, (8 U.S.C. 1101(a)(15)(U)) is further amended— (1) by moving clause (iii) 2 ems to the left; and (2) in clause (iii), by inserting after fraud in foreign labor contracting (as defined in section 1351 of title 18, United States Code) the following:; hate crime acts; child abuse; elder abuse;. (f) Certifications Section 214(p)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(1)) is amended to read as follows: (1) Petition filing A petition filed by the alien under 101(a)(15)(U)(i) shall be filed with the Secretary of Homeland Security.. (g) Eliminating annual U visa numerical limitation Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by striking paragraph (2). (h) Employment authorization Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended— (1) in paragraph (3)(B), by striking during the period those aliens are in lawful temporary resident status under that subsection, provide the aliens with employment authorization and inserting provide the aliens with employment authorization pursuant to paragraph (8); (2) in paragraph (6)— (A) in the first sentence by striking than 4 years and all that follows through the period; (B) in the second sentence, strike exceptional and insert compelling; and (C) by striking the last sentence; and (3) by adding at the end the following: (8) Work authorization The Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(U) on the date that is the earlier of— (A) the date on which the alien’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the alien filed the application. Eligibility for work authorization in the United States under another provision of this Act does not preclude the issuance of work authorization under this paragraph. Such employment authorization shall continue in effect while the alien has temporary resident status under section 101(a)(15)(U).. (i) Parole for U visa waitlist The Secretary shall, when appropriate, grant parole to petitioners for a visa under section 101(a)(15)(U) and qualifying family members abroad who seek parole while the petitions are pending. (j) Eliminate Civil Penalties for Failure To Depart Section 240B(d)(2) of the Immigration and Nationality Act (8 USC 1229c(d)(2)) is amended to read as follows: (2) Application of VAWA and TVPA protections The restrictions on relief under paragraph (1) shall not apply to relief under section 240A or section 245 on the basis of— (A) a petition filed under section 101(a)(15)(U); (B) a petition filed under section 101(a)(27)(J); (C) adjustment of status application filed under section 245(h); (D) a petition filed under section 101(a)(15)(T); (E) a petition or application referred to under section 101(a)(51) filed by a VAWA self-petitioner; or (F) a petition filed under section 240A(b)(2), or under section 244(a)(3) (as in effect prior to March 31, 1997).. (k) Aging out determinations (1) Section 214(p)(7)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(7)(A)) is amended— (A) by striking unmarried; and (B) by striking but while it was pending. (2) Section 214(p)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(7)(B)) is amended by striking but while it is pending. (3) Section 245(m)(3) of the Immigration and Nationality Act (8 U.S.C. 1255(m)(3)) is amended— (A) by inserting (A) In general. — before Upon approval; and (B) by adding at the end the following: (B) Children An alien who seeks to adjust status or obtain an immigrant visa based upon a parent’s application for adjustment of status, and who was under 21 years of age on the date on which such parent applied for adjustment of status, shall continue to be classified as a child for purposes of this paragraph, if the alien attains 21 years of age after such parent's petition was filed. (C) Principal aliens A parent described subparagraph (A) shall continue to be treated as a parent for purposes of this paragraph if the alien child attains 21 years of age after his or her application for status under paragraph (1) of such section is filed.. (l) Effective date The amendments made by this section shall take effect as if enacted as part of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat. 1464) for all those who were not otherwise admitted into the United States in under section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)).