Page:United States Statutes at Large Volume 119.djvu/3081

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[119 STAT. 3063]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 3063]

PUBLIC LAW 109–162—JAN. 5, 2006

119 STAT. 3063

(2) in the fourth sentence, by striking ‘‘subsection (b)(2)(B) of this section’’ and inserting ‘‘this subparagraph, subparagraph (A)(ii),’’. (b) MORAL CHARACTER RULES.—Section 240A(b)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. (c) CORRECTION OF CROSS-REFERENCE ERROR IN APPLYING GOOD MORAL CHARACTER.— (1) IN GENERAL.—Section 101(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking ‘‘(9)(A)’’ and inserting ‘‘(10)(A)’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall be effective as if included in section 603(a)(1) of the Immigration Act of 1990 (Public Law 101–649; 104 Stat. 5082).

8 USC 1101 note.

SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN ADJUSTMENT.

(a) IN GENERAL.—The first section of Public Law 89–732 (8 U.S.C. 1255 note) (commonly known as the Cuban Adjustment Act) is amended— (1) in the last sentence, by striking ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and (2) by adding at the end the following: ‘‘An alien who was the spouse of any Cuban alien described in this section and has resided with such spouse shall continue to be treated as such a spouse for 2 years after the date on which the Cuban alien dies (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthorization Act of 2005), or for 2 years after the date of termination of the marriage (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthorization Act of 2005) if there is demonstrated a connection between the termination of the marriage and the battering or extreme cruelty by the Cuban alien.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)(1) shall take effect as if included in the enactment of the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491).

8 USC 1255 note.

SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.

(a) IN GENERAL.—Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended— (1) in clause (i), by striking ‘‘whose status is adjusted to that of an alien lawfully admitted for permanent residence’’ and inserting ‘‘who is or was eligible for classification’’; (2) in clause (ii), by striking ‘‘whose status is adjusted to that of an alien lawfully admitted for permanent residence’’ and inserting ‘‘who is or was eligible for classification’’; and (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)(3) shall take effect as if included in the enactment of the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491).

8 USC 1255 note.

SEC. 825. MOTIONS TO REOPEN.

(a) REMOVAL PROCEEDINGS.—Section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)), as redesignated

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