Page:United States Statutes at Large Volume 114 Part 2.djvu/800

 114 STAT. 1536 PUBLIC LAW 106-386—OCT. 28, 2000 "(5) NONEXCLUSIVE RELIEF.— Nothing in this subsection limits the abihty of ahens who quaHfy for status under section 101(a)(15)(U) to seek any other immigration benefit or status for which the aUen may be eHgible.". 8 USC 1367. (d) PROHIBITION ON ADVERSE DETERMINATIONS OF ADMISSI- BILITY OR DEPORTABILITY.— Section 384(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended— (1) by striking "or" at the end of paragraph (1)(C); (2) by striking the comma at the end of paragraph (1)(D) and inserting ", or"; and (3) by inserting after paragraph (1)(D) the following new subparagraph: "(E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act, the perpetrator of the substantial physical or mental abuse and the criminal activity,"; and (4) in paragraph (2), by inserting "section 101(a)(15)(U)," after "section 216(c)(4)(C),". (e) WAIVER OF GROUNDS OF INELIGIBILITY FOR ADMISSION.— Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended by adding at the end the following new paragraph: "(13) The Attorney General shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in section 101(a)(15)(U), The Attorney General, in the Attorney General's discretion^ may waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section 101(a)(15)(U), if the Attorney General considers it to be in the public or national interest to do so.". (f) ADJUSTMENT TO PERMANENT RESIDENT STATUS. —Section 245 of such Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection: "(1)(1) The Attorney General may adjust the status of an alien admitted into the United States (or otherwise provided nonimmigrant status) under section 101(a)(15)(U) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E), unless the Attorney General determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if— "(A) the alien has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U); and "(B) in the opinion of the Attorney General, the alien's continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. "(2) An alien shall be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified.

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