TITLE IV:REFORMS TO NONIMMIGRANT VISA PROGRAMS

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§ 4413 : STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.
[Klobuchar1]
a.

NONIMMIGRANT STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.—Section 101(a)(51) (8 U.S.C. 1101(a)(51)), as amended by section 2305(d)(6)(B)(i)(III), is further amended—

1.

in subparagraph (E), by striking or at the end;

2.

in subparagraph (F), by striking the period at the end and inserting ; or; and

3.

by adding at the end the following:

G.

section 106 as an abused derivative alien.

b.

RELIEF FOR ABUSED DERIVATIVE ALIENS.—

1.

IN GENERAL.—Section 106 (8 U.S.C. 1105a) is amended to read as follows:

SEC. 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 the spouse or child admitted under section 101(a)(15) or pursuant to a blue card status granted under section ~2211 of the Border Security, Economic Opportunity, and Immigration Modernization Act;

2.

is accompanying or following to join a principal alien admitted under such a section; and

3.

has been subjected to battery or extreme cruelty by such principal alien.

b.

RELIEF FOR ABUSED DERIVATIVE ALIENS.— The Secretary of Homeland Security—

1.

shall grant or extend the status of admission of an abused derivative alien under section 101(a)(15) or section 2211of the Border Security, Economic Opportunity, and Immigration Modernization Act under which the principal alien was admitted for the longer of—

A.

the same period for which the principal was initially admitted; or

B.

a period of 3 years;

2.

may renew a grant or extension of status made under paragraph (1);

3.

shall grant employment authorization to an abused derivative alien; and

4.

may adjust the status of the abused derivative alien to that of an alien lawfully admitted for permanent residence if—

A.

the alien is admissible under section 212(a) or the Secretary of Homeland Security finds the alien’s continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or 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.

EFFECT OF TERMINATION OF RELATIONSHIP.— Termination of the relationship with 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 1 central reason for termination of the relationship.

d.

PROCEDURES.—Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(C).

2.

TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section is amended by striking the item relating to section 106 and inserting the following:

Sec. 106. Relief for abused derivative aliens.

.

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