PUBLIC LAW 109–162—JAN. 5, 2006
119 STAT. 3059
‘‘(IV) the first section of Public Law 89–732 (8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) as a child or spouse who has been battered or subjected to extreme cruelty; or ‘‘(V) section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note); and’’; and (B) in clause (ii), by inserting ‘‘or adjustment of status’’ after ‘‘suspension of deportation’’; and (2) in subparagraph (B)(ii), by striking ‘‘for relief’’ and all that follows through ‘‘1101 note))’’ and inserting ‘‘for relief described in subparagraph (A)(i)’’. (b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF-PETITIONERS.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following: ‘‘(K) Upon the approval of a petition as a VAWA self-petitioner, the alien— ‘‘(i) is eligible for work authorization; and ‘‘(ii) may be provided an ‘employment authorized’ endorsement or appropriate work permit incidental to such approval.’’. (c) EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.—Title I of the Immigration and Nationality Act is amended by adding at the end the following new section: ‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF CERTAIN NONIMMIGRANTS.
‘‘(a) IN GENERAL.—In the case of an alien spouse admitted under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) who is accompanying or following to join a principal alien admitted under subparagraph (A), (E)(iii), (G), or (H) of such section, respectively, the Secretary of Homeland Security may authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘employment authorized’ endorsement or other appropriate work permit if the alien spouse demonstrates that during the marriage the alien spouse or a child of the alien spouse has been battered or has been the subject of extreme cruelty perpetrated by the spouse of the alien spouse. Requests for relief under this section shall be handled under the procedures that apply to aliens seeking relief under section 204(a)(1)(A)(iii). ‘‘(b) CONSTRUCTION.—The grant of employment authorization pursuant to this section shall not confer upon the alien any other form of relief.’’. (d) CLERICAL AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 105 the following new item:
8 USC 1105a.
Applicability.
‘‘Sec. 106. Employment authorization for battered spouses of certain nonimmigrants.’’. (e) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at the end the following new subparagraph: ‘‘(L) Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who had the status of a nonimmigrant under subparagraph (T) or (U) of section 101(a)(15) may not file a petition for classification under this section or section 214 to classify
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