PUBLIC LAW 109–162—JAN. 5, 2006
119 STAT. 3067
‘‘(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. ‘‘(B) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph (C), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons. ‘‘(C)(i) The Secretary of Homeland Security is not limited by the criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of a petitioner described in clause (ii). ‘‘(ii) A petitioner described in this clause is a petitioner who has been battered or subjected to extreme cruelty and who is or was not the primary perpetrator of violence in the relationship upon a determination that— ‘‘(I) the petitioner was acting in self-defense; ‘‘(II) the petitioner was found to have violated a protection order intended to protect the petitioner; or ‘‘(III) the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime and the petitioner’s having been battered or subjected to extreme cruelty. ‘‘(iii) In acting on applications under this subparagraph, the Secretary of Homeland Security 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 Secretary. ‘‘(3) In this subsection: ‘‘(A) The terms ‘domestic violence’, ‘sexual assault’, ‘child abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’ have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. ‘‘(B) The term ‘specified crime’ means the following: ‘‘(i) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking. ‘‘(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause. ‘‘(iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.’’. (2) 214(r) AMENDMENT.—Section 214(r) of such Act (8 U.S.C. 1184(r)) is amended— (A) in paragraph (1), by inserting after the second sentence ‘‘Such information shall include information on any criminal convictions of the petitioner for any specified crime.’’; and (B) by adding at the end the following: ‘‘(4)(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for
VerDate 14-DEC-2004
07:21 Oct 30, 2006
Jkt 039194
PO 00003
Frm 00535
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL003.119
Records.
APPS06
PsN: PUBL003
�
