12 2 STA T .50 5 3PUBLIC LA W 110 –4 5 7—DE C. 23 , 200 8(A)insubcla us e ( I ) , b y s tr i k in g‘ ‘ o r ’ ’att h een d; ( B ) in subclause (II), by striking ‘‘and’’ at the end and inserting ‘‘or’’; and ( C ) by adding at the end the f ollo w ing
‘‘(III) any p arent or un m arried sibling under 18 years of age of an alien described in subclause (I) or (II) who the S ecretary of H omeland Security, in consultation with the law enforcement officer in v estigating a severe form of trafficking, determines faces a present danger of retalia - tion as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement . ’’; and ( 3 ) by striking clause (iii). (b) REQUIR E M E NTSFO R TV IS A ISSUAN C E. — Section 2 1 4 (o)( 7 ) of the Immigration and N ationality Act (8 U .S.C. 1184(o)(7)) is amended— (1) in subparagraph (B)— (A) by striking ‘‘subparagraph (A) if a F ederal’’ and inserting the following: ‘‘subparagraph (A) if— ‘‘(i) a Federal’’; (B) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(ii) the alien is eligible for relief under section 24 5 (l) and is unable to obtain such relief because regulations have not been issued to implement such section; or ‘‘(iii) the Secretary of Homeland Security determines that ane x tension of the period of such nonimmigrant status is warranted due to exceptional circumstances.’’; and (2) by adding at the end the following: ‘‘(C) Nonimmigrant status under section 1 0 1(a)(15)(T) shall be extended during the pendency of an application for ad j ustment of status under section 245(l).’’. (c) CON D ITIONS ON NONIMMI G RANT STATUS FOR CERTAIN CRIME VICTIMS.—Section 214(p)( 6 ) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) is amended by adding at the end the following: ‘‘The Secretary of Homeland Security may extend, beyond the 4- year period authori z ed under this section, the authorized period of status of an alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. Such alien’s non- immigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible for relief under section 245(m) and is unable to obtain such relief because regula- tions have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 245(m). The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U).’’. (d) AD J USTMENT OF STATUS FOR TRAFFIC K ING VICTIMS.—Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 1255(l)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking ‘‘the Attorney G eneral,,’’ and inserting ‘‘in the opinion of the Secretary of Homeland Security, in consulta- tion with the Attorney General, as appropriate’’; (B) in subparagraph (B)—
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