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            ``(aa) the marriage or the intent to marry the lawful 
        permanent resident was entered into in good faith by the alien; 
        and
            ``(bb) during the marriage or relationship intended by the 
        alien to be legally a marriage, the alien or a child of the 
        alien has been battered or has been the subject of extreme 
        cruelty perpetrated by the alien's spouse or intended spouse.
    ``(II) For purposes of subclause (I), an alien described in this 
paragraph is an alien--
            ``(aa)(AA) who is the spouse of a lawful permanent resident 
        of the United States; or
            ``(BB) who believed that he or she had married a lawful 
        permanent resident of the United States and with whom a 
        marriage ceremony was actually performed and who otherwise 
        meets any applicable requirements under this Act to establish 
        the existence of and bona fides of a marriage, but whose 
        marriage is not legitimate solely because of the bigamy of such 
        lawful permanent resident of the United States; or
            ``(CC) who was a bona fide spouse of a lawful permanent 
        resident within the past 2 years and--
                    ``(aaa) whose spouse lost status due to an incident 
                of domestic violence; or
                    ``(bbb) who demonstrates a connection between the 
                legal termination of the marriage and battering or 
                extreme cruelty by the lawful permanent resident 
                spouse;
            ``(bb) who is a person of good moral character;
            ``(cc) who is eligible to be classified as a spouse of an 
        alien lawfully admitted for permanent residence under section 
        203(a)(2)(A) or who would have been so classified but for the 
        bigamy of the lawful permanent resident of the United States 
        that the alien intended to marry; and
            ``(dd) who has resided with the alien's spouse or intended 
        spouse.''.
            (3) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)(iii)) is amended to read as follows:
    ``(iii) An alien who is the child of an alien lawfully admitted for 
permanent residence, or who was the child of a lawful permanent 
resident who lost lawful permanent resident status due to an incident 
of domestic violence, and who is a person of good moral character, who 
is eligible for classification under section 203(a)(2)(A), and who 
resides, or has resided in the past, with the alien's permanent 
resident alien parent may file a petition with the Attorney General 
under this subparagraph for classification of the alien (and any child 
of the alien) under such section if the alien demonstrates to the 
Attorney General that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's permanent 
resident parent. For purposes of this clause, residence includes any 
period of visitation.''.
            (4) Filing of petitions.--Section 204(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
        amended by adding at the end the following:
    ``(iv) An alien who is the spouse, intended spouse, or child of a 
lawful permanent resident living abroad is eligible to file a petition 
under clause (ii) or (iii) shall file such petition with the Attorney 
General under the procedures that apply to self-petitioners under 
clauses (ii) or (iii).''.
    (d) Good Moral Character Determinations for Self-Petitioners and 
Treatment of Child Self-Petitioners and Petitions Including Derivative 
Children Attaining 21 Years of Age.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) by redesignating subparagraphs (C) through (H) as 
        subparagraphs (E) through (J), respectively;
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Notwithstanding section 101(f), an act or 
                conviction that is waivable with respect to the 
                petitioner for purposes of a determination of the 
                petitioner's admissibility under section 212(a) or 
                deportability under section 237(a) shall not bar the 
                Attorney General from finding the petitioner to be of 
                good moral character under subparagraph (A)(iii), 
                (A)(iv), (B)(ii), or (B)(iii) if the Attorney General 
                finds that the act or conviction was connected to the 
                alien's having been battered or subjected to extreme 
                cruelty.
                    ``(D)(i)(I) Any child who attains 21 years of age 
                who has filed a petition under clause (iv) of section 
                204(a)(1)(A) that was filed or approved before the date 
                on which the child attained 21 years of age shall be 
                considered (if the child has not been admitted or 
                approved for lawful permanent residence by the date the 
                child attained 21 years of age) a petitioner for 
                preference status under paragraph (1), (2), or (3) of 
                section 203(a), whichever paragraph is applicable, with 
                the same priority date assigned to the self-petition 
                filed under clause (iv) of section 204(a)(1)(A). No new 
                petition shall be required to be filed.
                    ``(II) Any individual described in subclause (I) is 
                eligible for deferred action and work authorization.
                    ``(III) Any derivative child who attains 21 years 
                of age who is included in a petition described in 
                clause (ii) that was filed or approved before the date 
                on which the child attained 21 years of age shall be 
                considered (if the child has not been admitted or 
                approved for lawful permanent residence by the date the 
                child attained 21 years of age) a petitioner for 
                preference status under paragraph (1), (2), or (3) of 
                section 203(a), whichever paragraph is applicable, with 
                the same priority date as that assigned to the 
                petitioner in any petition described in clause (ii). No 
                new petition shall be required to be filed.
                    ``(IV) Any individual described in subclause (III) 
                and any derivative child of a petition described in 
                clause (ii) is eligible for deferred action and work 
                authorization.
                    ``(ii) The petition referred to in clause (i)(III) 
                is a petition filed by an alien under subparagraph 
                (A)(iii), (A)(iv), (B)(ii) or (B)(iii) in which the 
                child is included as a derivative beneficiary.''; and
            (3) in subparagraph (J) (as so redesignated), by inserting 
        ``or in making determinations under subparagraphs (C) and 
        (D),'' after ``subparagraph (B),''.
    (e) Access to Naturalization for Divorced Victims of Abuse.--
Section 319(a) of the Immigration and Nationality Act (8 U.S.C. 
1430(a)) is amended--
            (1) by inserting ``, or any person who obtained status as a 
        lawful permanent resident by reason of his or her status as a 
        spouse or child of a United States citizen who battered him or 
        her or subjected him or her to extreme cruelty,'' after 
        ``United States'' the first place such term appears; and
            (2) by inserting ``(except in the case of a person who has 
        been battered or subjected to extreme cruelty by a United 
        States citizen spouse or parent)'' after ``has been living in 
        marital union with the citizen spouse''.

SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND SUSPENSION OF 
              DEPORTATION UNDER THE VIOLENCE AGAINST WOMEN ACT OF 1994.

    (a) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--Section 240A(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(2)) is amended to read as follows:
            ``(2) Special rule for battered spouse or child.--
                    ``(A) Authority.--The Attorney General may cancel 
                removal of, and adjust to the status of an alien 
                lawfully admitted for permanent residence, an alien who 
                is inadmissible or deportable from the United States if 
                the alien demonstrates that--
                            ``(i)(I) the alien has been battered or 
                        subjected to extreme cruelty by a spouse or 
                        parent who is or was a United States citizen 
                        (or is the parent of a child of a United States 
                        citizen and the child has been battered or 
                        subjected to extreme cruelty by such citizen 
                        parent);
                            ``(II) the alien has been battered or 
                        subjected to extreme cruelty by a spouse or 
                        parent who is or was a lawful permanent 
                        resident (or is the parent of a child of an 
                        alien who is or was a lawful permanent resident 
                        and the child has been battered or subjected to 
                        extreme cruelty by such permanent resident 
                        parent); or
                            ``(III) the alien has been battered or 
                        subjected to extreme cruelty by a United States 
                        citizen or lawful permanent resident whom the 
                        alien intended to marry, but whose marriage is 
                        not legitimate because of that United States 
                        citizen's or lawful permanent resident's 
                        bigamy;
                            ``(ii) the alien has been physically 
                        present in the United States for a continuous 
                        period of not less than 3 years immediately 
                        preceding the date of such application, and the 
                        issuance of a charging document for removal 
                        proceedings shall not toll the 3-year period of 
                        continuous physical presence in the United 
                        States;
                            ``(iii) the alien has been a person of good 
                        moral character during such period, subject to 
                        the provisions of subparagraph (C);
                            ``(iv) the alien is not inadmissible under 
                        paragraph (2) or (3) of section 212(a), is not 
                        deportable under paragraphs (1)(G) or (2) 
                        through (4) of section 237(a) (except in a case 
                        described in section 237(a)(7) where the 
                        Attorney General exercises discretion to grant 
                        a waiver), and has not been convicted of an 
                        aggravated felony; and
                            ``(v) the removal would result in extreme 
                        hardship to the alien, the alien's child, or 
                        the alien's parent.
                    ``(B) Physical presence.--Notwithstanding 
                subsection (d)(2), for purposes of subparagraph 
                (A)(i)(II) or for purposes of section 244(a)(3) (as in 
                effect before the title III-A effective date in section 
                309 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996), an alien shall not be 
                considered to have failed to maintain continuous 
                physical presence by reason of an absence if the alien 
                demonstrates a connection between the absence and the 
                battering or extreme cruelty perpetrated against the 
                alien. No absence or portion of an absence connected to 
                the battering or extreme cruelty shall count toward the 
                90-day or 180-day limits established in subsection 
                (d)(2). If any absence or aggregate absences exceed 180 
                days, the absences or portions of the absences will not 
                be considered to break the period of continuous 
                presence. Any such period of time excluded from the 
                180-day limit shall be excluded in computing the time 
                during which the alien has been physically present for 
                purposes of the 3-year requirement set forth in section 
                240A(b)(2)(B) and section 244(a)(3) (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996).
                    ``(C) Good moral character.--Notwithstanding 
                section 101(f), an act or conviction that would be 
                waivable with respect to the alien for purposes of a 
                determination of the alien's admissibility under 
                section 212(a) or is waivable with respect to the alien 
                for purposes of the alien's deportability under section 
                237(a) shall not bar the Attorney General from finding 
                the alien to be of good moral character under 
                subparagraph (A)(i)(III) or section 244(a)(3) (as in 
                effect before the title III-A effective date in section 
309 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996), if the Attorney General finds that the act or conviction was 
connected to the alien's having been battered or subjected to extreme 
cruelty and determines that a waiver would be or is otherwise 
warranted.
                    ``(D) Credible evidence considered.--In acting on 
                applications under this paragraph, the Attorney General 
                shall consider any credible evidence relevant to the 
                application. The determination of what evidence is 
                credible and the weight to be given that evidence shall 
                be within the sole discretion of the Attorney 
                General.''.
    (b) Children of Battered Aliens and Parents of Battered Alien 
Children.--Section 240A(b) of the Immigration and Nationality Act (8 
U.S.C. 1229b(b)) is amended by adding at the end the following:
            ``(4) Children of battered aliens and parents of battered 
        alien children.--
                    ``(A) In general.--The Attorney General shall grant 
                parole under section 212(d)(5) to any alien who is a--
                            ``(i) child of an alien granted relief 
                        under section 240A(b)(2) or 244(a)(3) (as in 
                        effect before the title III-A effective date in 
                        section 309 of the Illegal Immigration Reform 
                        and Immigrant Responsibility Act of 1996); or
                            ``(ii) parent of a child alien granted 
                        relief under section 240A(b)(2) or 244(a)(3) 
                        (as in effect before the title III-A effective 
                        date in section 309 of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996).
                    ``(B) Duration of parole.--The grant of parole 
                shall extend from the time of the grant of relief under 
                section 240A(b)(2) or section 244(a)(3) (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996) to the time the application 
                for adjustment of status filed by aliens covered under 
                this paragraph has been finally adjudicated. 
                Applications for adjustment of status filed by aliens 
                covered under this paragraph shall be treated as if 
                they were applications filed under section 204(a)(1) 
                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) for purposes of 
                section 245 (a) and (c). Failure by the alien granted 
                relief under section 240A(b)(2) or section 244(a)(3) 
                (as in effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996) to exercise due 
                diligence in filing a visa petition on behalf of an 
                alien described in clause (i) or (ii) may result in 
                revocation of parole.''.
    (c) Effective Date.--Any individual who becomes eligible for relief 
by reason of the enactment of the amendments made by subsections (a) 
and (b), shall be eligible to file a motion to reopen pursuant to 
section 240(c)(6)(C)(iv). The amendments made by subsections (a) and 
(b) shall take effect as if included in the enactment of section 304 of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 587). Such portions of the amendments 
made by subsection (b) that relate to section 244(a)(3) (as in effect 
before the title III-A effective date in section 309 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996) shall take 
effect as if included in subtitle G of title IV of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
1953 et seq.).

SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE 
              VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED 
              BATTERED IMMIGRANT SELF-PETITIONERS.

    (a) Eliminating Connection Between Battery and Unlawful Entry.--
Section 212(a)(6)(A)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(A)(ii)) is amended--
            (1) by striking subclause (I) and inserting the following:
                                     ``(I) the alien qualifies for 
                                classification under subparagraph 
                                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
                                of section 204(a)(i); and'';
            (2) in subclause (II), by striking ``, and'' and inserting 
        a period; and
            (3) by striking subclause (III).
    (b) Eliminating Connection Between Battery and Violation of the 
Terms of an Immigrant Visa.--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 ``who would be described in paragraph (6)(A)(ii)'' 
and all that follows before the period and inserting ``who is described 

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