Immigration status for certain battered spouses and children

(a) Nonimmigrant status for certain battered spouses and children Section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)) is amended— (1) in subparagraph (F), by striking or at the end; (2) in subparagraph (G), by striking the period at the end and inserting; or; and (3) by adding at the end the following: (H) section 106 as an abused derivative alien.. (b) Relief for abused derivative aliens (1) Amendment Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended to read as follows: 106. Relief for abused derivative aliens (a) Abused derivative alien defined In this section, the term abused derivative alien means an alien who— (1) is a spouse or child admitted under section 101(a)(15); (2) is accompanying or following to join a principal alien admitted under such section; and (3) has been subject to battery or extreme cruelty by such principal alien. (b) Relief for abused derivative aliens The Secretary of Homeland Security— (1) shall consider an abused derivative alien and any child of that alien be admissible and eligible to extend the period of admission for the period for the period that is the longer of— (A) the same period for which the principal alien was initially admitted; or (B) 3 years; (2) may extend any period of admission under paragraph (1) as the Secretary determines appropriate; (3) shall grant employment authorization to an abused derivative alien and any eligible child of that alien; and (4) may adjust the status of an alien admitted or whose admission is extended under this section to that of an alien lawfully admitted for permanent residence if— (A) (i) the abused derivative alien is not inadmissible under section 212(a); or (ii) the Secretary of Homeland Security determines that the continued presence in the United States of the abused derivative alien is justified— (I) on humanitarian grounds; (II) to ensure family unity; or (III) is otherwise in the public interest; and (B) the status under which the principal alien was admitted to the United States would have potentially allowed for eventual adjustment of status. (c) Provisions for Children (1) In general An alien whose parent adjusted status to that of a lawful permanent resident under this section, and who was under 21 years of age on the date on which such parent petitioned for such adjustment, shall continue to be classified as a child if the alien attains 21 years of age after such parent’s petition was filed. (2) Constructive filing For purposes of this section, an individual who qualified to file a petition under this section 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 deemed as having filed a petition under this section as of such day if a petition is filed before the individual attains 25 years of age and the individual shows that the battery or extreme cruelty described in subsection (a)(3) was a primary cause for the delay in filing. (d) Relationship considerations (1) In general The death of the principal alien shall not affect the status of an abused derivative alien under this section. (2) Effect of loss of status or termination of relationship The principal alien’s loss of status or the legal termination of the abused derivative alien’s familial or marital relationship with the principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was one central reason for such termination or loss of status. (3) Good faith belief in marriage In the case of an alien who— (A) believed that he or she had married the principal alien; (B) participated in a marriage ceremony with the principal alien that was actually performed; and (C) who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, that alien may not be considered not to be the spouse of such principal alien for purposes of this section solely because the marriage to the principal alien was invalid on the basis of bigamy. (e) Procedures A request for relief under this section shall be handled under the procedures that apply to an alien seeking relief under— (1) any of clauses (iii) through (viii) of section 204(a)(1)(A); (2) any of clauses (ii) through (v) of section 204(a)(1)(B); or (3) subparagraph (C) or (D) of section 204(a)(1). (f) Derivatives of abused derivative aliens (1) Derivative status Upon approval of adjustment of status of an abused derivative alien, the Secretary of Homeland Security may, to the extent necessary to avoid extreme hardship to the abused derivative alien or a covered derivative of the abused derivative alien, adjust the status of a covered derivative of the abused derivative alien to that of an alien lawfully admitted for permanent residence or issue an immigrant visa to such covered derivative. (2) Recording Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the alien's lawful admission for permanent residence as of the date of such approval. (3) Definition For purposes of this subsection, the term covered derivative means, with respect to an abused derivative alien, a spouse, a child, or, in the case that the primary alien is an alien child, a parent who did not receive status pursuant to this section. (g) No effect on other eligibilities Admission and eligibility for adjustment of status under subsection (b) shall not preclude adjustment of status based on other grounds for which the alien is eligible.. (2) Clerical amendment The table of contents preceding section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) is amended by striking the item relating to section 106 and inserting the following: Sec. 106. Relief for abused derivative aliens.. (c) Survival rights to self-Petition Section 204(h) of the Immigration and Nationality Act (8 U.S.C. 1154(h)) is amended in the second sentence by amending to read as follows: Remarriage or marriage of a VAWA self-petitioner who has filed an application or petition for relief under any provision referred to section 101(a)(51) shall have no effect on approval of such petition or application and shall not be the basis for revocation of an petition under section 205.. (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to VAWA self-petitioners filing applications before, on, or after the date of the enactment of this Act.