Page:United States Statutes at Large Volume 114 Part 2.djvu/783

 PUBLIC LAW 106-386 —OCT. 28, 2000 114 STAT. 1519 "(iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that— "(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and "(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended spouse. "(11) For purposes of subclause (I), an alien described in this subclause is an alien— "(aa)(AA) who is the spouse of a citizen of the United States; "(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony was actually performed and who otherwise meets any applicable requirements under this Act to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such citizen of the United States; or "(CC) who was a bona fide spouse of a United States citizen within the past 2 years and— "(aaa) whose spouse died within the past 2 years; "(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic violence; or "(ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse; "(bb) who is a person of good moral character; "(cc) who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i) or who would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry; and "(dd) who has resided with the alien's spouse or intended spouse.". (2) SELF-PETITIONING CHILDREN.— Section 204(a)(l)(A)(iv) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(A)(iv)) is amended to read as follows: "(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who resides, or has resided in the past, with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent. For purposes of this clause, residence includes any period of visitation.". (3) FILING OF PETITIONS. — Section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:

�