Page:United States Statutes at Large Volume 114 Part 2.djvu/789

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PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1525 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. 1505. OFFERE>JG EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL QUALIFIED BATTERED IMMIGRANT SELF-PETI- TIONERS. (a) BATTERED IMMIGRANT WAIVER.—Section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(ii)) is amended by adding at the end the following: "The Attorney General in the Attorney General's discretion may waive the provisions of section 212(a)(9)(C)(i) in the case of an alien to whom the Attorney General has granted classification under clause (iii), (iv), or (v) of section 204(a)(1)(A), or classification under clause (ii), (iii), or (iv) of section 204(a)(l)(B), in any case in which there is a connection between— "(1) the alien's having been battered or subjected to extreme cruelty; and "(2) the aUen's— "(A) removal; "(B) departure from the United States; "(C) reentry or reentries into the United States; or "(D) attempted reentry into the United States.". (b) DOMESTIC VIOLENCE VICTIM WAIVER. — (1) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.— Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by inserting at the end the following: "(7) WAIVER FOR VICTIMS OF DOMESTIC VIOLENCE.— "(A) IN GENERAL.—The Attorney General is not limited by the criminal court record and may waive the application of paragraph (2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (ii) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship— "(i) upon a determination that— "(I) the alien was acting is self-defense; "(II) the alien was found to have violated a protection order intended to protect the alien; or "(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime— "(aa) that did not result in serious bodily injury; and "(bb) where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty. "(B) 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.". (2) CONFORMING AMENDMENT.— Section 240A(b)(l)(C) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(l)(C)) is