Page:United States Statutes at Large Volume 114 Part 2.djvu/785

 PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1521 (2) SELF-PETITIONING CHILDREN.— Section 204(a)(l)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(l)(B)(iii)) is amended to read as follows: "(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who resides, or has resided in the past, with the alien's permanent resident alien 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 permanent resident parent.". (3) FILING OP PETITIONS.— Section 204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following: "(iv) An alien who— "(I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who— "(aa) is an employee of the United States Government; "(bb) is a member of the luiiformed 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 (ii) or (iii), shall file such petition with the Attorney General under the procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.". (d) GOOD MORAL CHARACTER DETERMINATIONS FOR SELF-PETI - TIONERS AND TREATMENT OF CHILD SELF-PETITIONERS AND PETI- TIONS INCLUDING DERIVATIVE CHILDREN ATTAINING 21 YEARS OF AGE. — Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended— (1) by redesignating subparagraphs (C) through (H) as subparagraphs (E) through (J), respectively; (2) by inserting after subparagraph (B) the following: "(C) Notwithstanding section 101(f), an act or conviction that is waivable with respect to the petitioner for purposes of a determination of the petitioner's admissibility under section 212(a) or deportability under section 237(a) shall not bar the Attorney General from finding the petitioner to be of good moral character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or conviction was connected to the alien's having been battered or subjected to extreme cruelty. "(D)(i)(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of section 204(a)(1)(A) that was filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 203(a), whichever paragraph is applicable, with the same priority date assigned to the self- petition filed under clause (iv) of section 204(a)(1)(A). No new petition shall be required to be filed.

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