Page:United States Statutes at Large Volume 114 Part 2.djvu/784

 114 STAT. 1520 PUBLIC LAW 106-386—OCT. 28, 2000 "(v) An alien who— "(I) is the spouse, intended spouse, or child living abroad of a citizen who— "(aa) is an employee of the United States Government; "(bb) is a member of the uniformed services (as defined in section 101(a) of title 10, United States Code); or "(cc) has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and "(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (iii) or (iv), as applicable. ". (c) SECOND PREFERENCE IMMIGRATION STATUS FOR SELF-PETI - TIONERS MARRIED TO LAWFUL PERMANENT RESIDENTS.— (1) SELF-PETITIONING SPOUSES. — Section 204(a)(l)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(B)(ii)) is amended to read as follows: "(ii)(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 such a child has not been classified under clause (iii) of section 203(a)(2)(A) and if the alien demonstrates to the Attorney General that— "(aa) the marriage or the intent to marry the lawful permanent resident 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. "(II) For purposes of subclause (I), an alien described in this paragraph is an alien— "(aa)(AA) who is the spouse of a lawful permanent resident of the United States; or "(BB) who believed that he or she had married a lawful permanent resident 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 lawful permanent resident of the United States; or "(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and— "(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or "(bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the lawful permanent resident spouse; "(bb) who is a person of good moral character; "(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) or who would have been so classified but for the bigamy of the lawful permanent resident of the United States that the alien intended to marry; and "(dd) who has resided with the alien's spouse or intended spouse.".

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