S 415 — Protecting Immigrant Victims of Domestic Violence Act

Summary

Protecting Immigrant Victims of Domestic Violence Act This bill allows an abused spouse or child whose immigrant status is derived from another alien (the principal alien) to obtain immigrant status independent of the principal alien under the Violence Against Women Act (VAWA). Such an abused spouse or child must be accompanying or following to join the principal alien, and have been subject to battery or extreme cruelty by the principal alien. An abused individual with immigrant status shall receive employment authorization, be eligible for renewal or extension of status, and become an alien lawfully admitted for permanent residence under certain conditions. Currently, the VAWA provides a path to immigrant status to abused individuals who derive their status from a U.S. citizen or lawful permanent resident, but not to those covered under this bill.

Bill Text

• Introduced Introduced in Senate Current html February 07, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds provisions to provide immigration status and relief for certain battered spouses and children of principal aliens.

• 8 U.S.C. 1101(a)(51)

  (H) section 106 as an abused derivative alien.

  This change allows certain battered spouses and children to be classified as abused derivative aliens.

• 8 U.S.C. 1105a

  SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. → SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. (a) Abused Derivative Alien Defined.--In this section, the term `abused derivative alien' means an alien who-- (1) is a spouse or child admitted under section 101(a)(15); (2) is accompanying or following to join a principal alien admitted under such section; and (3) has been subject to battery or extreme cruelty by such principal alien. (b) Relief for Abused Derivative Aliens.--The Secretary of Homeland Security-- (1) shall grant admission to, or extend the period of admission for, an abused derivative alien under the subparagraph of section 101(a)(15) pursuant to which the principal alien was admitted for the period that is the longer of-- (A) the same period for which the principal alien was initially admitted; or (B) 3 years; (2) may renew a grant or an extension of status made under paragraph (1); (3) shall grant employment authorization to an abused derivative alien; and (4) may adjust the status of an abused derivative alien to that of an alien lawfully admitted for permanent residence if-- (A)(i) the abused derivative alien is admissible under section 212(a); or (ii) the Secretary of Homeland Security determines that the continued presence in the United States of the abused derivative alien is justified-- (I) on humanitarian grounds; (II) to ensure family unity; or (III) is otherwise in the public interest; and (B) the status under which the principal alien was admitted to the United States would have potentially allowed for eventual adjustment of status. (c) Effect of Termination of Relationship.--Termination of the relationship with principal alien shall not affect the status of an abused derivative alien under this section if battery or extreme cruelty by the principal alien was one central reason for termination of the relationship. (d) Procedures.--A request for relief under this section shall be handled under the procedures that apply to an alien seeking relief under section 204(a)(1)(B).

  This change establishes a detailed definition and framework for providing relief to abused derivative aliens, including eligibility criteria and process.

• 8 U.S.C. 1101

  Sec. 106. → Sec. 106. Relief for abused derivative aliens.

  This clerical amendment updates the table of contents to reflect the new focus on relief for abused derivative aliens.

Action History

1. February 07, 2019

   Introduced in Senate

2. February 07, 2019

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Amy Klobuchar · Primary

Subjects