Text: H.R.4291 — 105th Congress (1997-1998)All Information (Except Text)

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Introduced in House (07/21/1998)

 
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 4291 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4291

 To amend the Immigration and Nationality Act to eliminate, for alien 
  battered spouses and children, certain restrictions rendering them 
      ineligible to apply for adjustment of status, suspension of 
   deportation, and cancellation of removal, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 1998

Mrs. Morella (for herself, Mrs. Johnson of Connecticut, Ms. Norton, Mr. 
 Smith of New Jersey, Mr. Berman, Ms. Ros-Lehtinen, Ms. Roybal-Allard, 
  Ms. Lofgren, and Mr. Fox of Pennsylvania) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to eliminate, for alien 
  battered spouses and children, certain restrictions rendering them 
      ineligible to apply for adjustment of status, suspension of 
   deportation, and cancellation of removal, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``VAWA Restoration Act''.

SEC. 2. REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) In General.--Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended--
            (1) in subsection (a), by inserting ``of an alien who 
        qualifies for classification under subparagraph (A)(iii), 
        (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
        ``The status'';
            (2) in subsection (c)(2), by striking ``201(b) or a 
        special'' and inserting ``201(b), an alien who qualifies for 
        classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1), or a special'';
            (3) in subsection (c)(4), by striking ``201(b))'' and 
        inserting ``201(b) or an alien who qualifies for classification 
        under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
        section 204(a)(1))'';
            (4) in subsection (c)(5), by inserting ``(other than an 
        alien who qualifies for classification under subparagraph 
        (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1))'' 
        after ``an alien''; and
            (5) in subsection (c)(8), by inserting ``(other than an 
        alien who qualifies for classification under subparagraph 
        (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)'' 
        after ``any alien''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications for adjustment of status pending on or after the 
date of the enactment of this Act.

SEC. 3. REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF 
              DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.

    (a) In General.--
            (1) Special rule for calculating continuous period for 
        battered spouse or child.--Paragraph (1) of section 240A(d) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is 
        amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of this section, any 
                period of continuous residence or continuous physical 
                presence in the United States shall be deemed to end 
                when the alien is served a notice to appear under 
                section 239(a) or when the alien has committed an 
                offense referred to in section 212(a)(2) that renders 
                the alien inadmissible to the United States under 
                section 212(a)(2) or removable from the United 
States under section 237(a)(2) or 237(a)(4), whichever is earliest.
                    ``(B) Special rule for battered spouse or child.--
                For purposes of subsection (b)(2), the service of a 
                notice to appear referred to in subparagraph (A) shall 
                not be deemed to end any period of continuous physical 
                presence in the United States.''.
            (2) Exemption from annual limitation on cancellation of 
        removal for battered spouse or child.--Section 240A(e)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
        amended by adding at the end the following:
                    ``(C) Aliens whose removal is cancelled under 
                subsection (b)(2).''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) 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).
    (b) Modification of Certain Transition Rules for Battered Spouse or 
Child.--
            (1) In general.--Subparagraph (C) of section 309(c)(5) of 
        the Illegal Immigration Reform and Immigrant Responsibility Act 
        of 1996 (8 U.S.C. 1101 note) (as amended by section 203 of the 
        Nicaraguan Adjustment and Central American Relief Act) is 
        amended--
            (2) by amending the subparagraph heading to read as 
        follows:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.--''; and
            (3) in clause (i)--
                    (A) by striking ``or'' at the end of subclause 
                (IV);
                    (B) by striking the period at the end of subclause 
                (V) and inserting ``; or''; and
                    (C) by adding at the end the following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                of deportation under section 244(a)(3) 
                                of the Immigration and Nationality Act 
                                (as in effect before the date of the 
                                enactment of this Act).''.
            (4) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1101 note).

SEC. 4. ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND 
              DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.

    (a) Removal Proceedings.--
            (1) In general.--Section 240(c)(6)(C) of the Immigration 
        and Nationality Act (8 U.S.C. 1229a(c)(6)(C) is amended by 
        adding at the end the following:
                            ``(iv) Special rule for battered spouses 
                        and children.--There is no time limit on the 
                        filing of a motion to reopen, and the deadline 
                        specified in subsection (b)(5)(C) does not 
                        apply, if the basis of the motion is to apply 
                        for adjustment of status based on a petition 
                        filed under clause (iii) or (iv) of section 
                        204(a)(1)(A), clause (ii) or (iii) of section 
                        204(a)(1)(B), or section 240A(b)(2).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        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).
    (b) Deportation Proceedings.--
            (1) In general.--Notwithstanding any limitation imposed by 
        law on motions to reopen deportation proceedings under the 
        Immigration and Nationality Act (as in effect before the title 
        III-A effective date in section 309 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
        note)), there is no time limit on the filing of a motion to 
        reopen such proceedings, and the deadline specified in section 
        242B(c)(3) of the Immigration and Nationality Act (as so in 
        effect) does not apply, if the basis of the motion is to apply 
        for relief under clause (iii) or (iv) of section 204(a)(1)(A) 
        of the Immigration and Nationality Act, clause (ii) or (iii) of 
        section 204(a)(1)(B) of such Act, or section 244(a)(3) of such 
        Act (as so in effect).
            (2) Applicability.--Paragraph (1) shall apply to motions 
        filed by aliens who--
                    (A) are, or were, in deportation proceedings under 
                the Immigration and Nationality Act (as in effect 
                before the title III-A effective date in section 309 of 
                the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
                    (B) have become eligible to apply for relief under 
                clause (iii) or (iv) of section 204(a)(1)(A) of the 
                Immigration and Nationality Act, clause (ii) or (iii) 
                of section 204(a)(1)(B) of such Act, or section 
                244(a)(3) of such Act (as in effect before the title 
                III-A effective date in section 309 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1101 note)) as a result of the 
                amendments made by--
                            (i) 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.); 
                        or
                            (ii) section 3 of this Act.
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