Page:United States Statutes at Large Volume 114 Part 2.djvu/795

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PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1531 applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(H).". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 8 USC 1255 note, shall be effective 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. 1510. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND CHILDREN. (a) ADJUSTMENT OF STATUS OF CERTAIN NICARAGUAN AND CUBAN BATTERED SPOUSES.— Section 202(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100, as amended) is amended— (1) in paragraph (1), by striking subparagraph (B) and inserting the following: "(B) the alien— "(i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or "(ii) was, at the time at which an alien filed for adjustment under subsection (a), the spouse or child of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection (a);"; and (2) by adding at the end the following: "(3) PROCEDURE.—In acting on an application under this section with respect to a spouse or child who has been battered or subjected to extreme cruelty, the Attorney General shall apply section 204(a)(1)(H). ". (b) CANCELLATION OF REMOVAL AND SUSPENSION OF DEPORTA- TION TRANSITION RULES FOR CERTAIN BATTERED SPOUSES. —Section 309(c)(5)(C) of the Illegal Immigration and Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note) (as amended by section 1506(b)(3) of this title) is amended— (1) in clause (i)— (A) by striking the period at the end of subclause (VI) (as added by section 1506(b)(3) of this title) and inserting "; or"; and (B) by adding at the end the following: "(VII)(aa) was the spouse or child of an alien described in subclause (I), (II), or (V)—