12 2 STA T .50 5 4PUBLIC LA W 110 – 45 7—DE C.2 3, 200 8(i)by i nsert in g‘ ‘s u b j e c tt opa ragrap h ( 6 ) ,’ ’a f ter ‘‘( B )’’
an d (ii) by stri k ing ‘‘, and’’ and inserting ‘‘; and’’; and ( C ) in subparagraph (C) — (i)inc l ause (i), by striking ‘‘, or’’ and inserting ase m icolon; (ii) in clause (ii), by striking ‘‘, or in the case of subparagraph (C)(i), the A ttorney G eneral, as appro - priate’’; and (iii) by striking the period at the end and inserting the follo w ing
‘‘; or ‘‘(iii) was younger than 18 years of age at the time of the v ictimi z ation q ualifying the alien for relief under section 1 0 1(a)(1 5 )( T ) . ’’; ( 2 ) in paragraph ( 3 ), by striking the period at the end and inserting the following: ‘‘, unless— ‘‘(A) the absence was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or ‘‘(B) an official involved in the investigation or prosecution certifies that the absence was otherwise justified.’’; and (3) by adding at the end the following: ‘‘(6) F or purposes of paragraph (1)(B), the S ecretary of H ome- land Security may waive consideration of a disqualification from good moral character with respect to an alien if the disqualification was caused by, or incident to, the trafficking described in section 101(a)(15)(T)(i)( I ). ‘‘( 7 ) The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for relief through final adjudication of the adjustment of status for a V A W A self-petitioner and for relief under sections 101(a)(15)(T), 101(a)(15)( U ), 106, 2 4 0A(b)(2), and 244(a)(3) (as in effect on M arch 31, 1 9 97).’’. (e) A DJUSTMEN T OF ST A TUS FO R CR I ME VI C TIMS.—Section 245(m) of the Immigration and N ationality Act (8 U.S.C. 1255(m)) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘unless the Attorney General’’ and inserting ‘‘unless the Secretary’’; and (2) by adding at the end the following: ‘‘(5)(A) The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii). ‘‘(B) Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii).’’. (f) E FFECTI V E D ATE.—The amendments made by this section shall— (1) take effect on the date of enactment of the Act; and 8USC1 1 0 1 note. Con sul t a t i on. W ai v e r aut h orit y .
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