; and (2) the alien’s presence in the United States is required by the Government with respect to such assistance. (j) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 3107. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(i) ) is amended by striking 1 or both of the immigrant’s parents and inserting either of the immigrant’s parents . 3108. Clarification of authority regarding determinations of convictions Section 101(a)(48) of the Immigration and National Act ( 8 U.S.C. 1101(a)(48) ) is amended by adding at the end the following: (C) In making a determination as to whether a conviction is for— (i) a crime under section 212(a)(2), or (ii) a crime under 237(a)(2), such determination shall be determined on the basis of the record of conviction and any facts established within the record of conviction. (D) Any reversal, vacatur, expungement, or modification to a conviction, sentence, or conviction record that was granted to ameliorate the immigration consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of proving that the reversal, vacatur, expungement, or modification was not for such purposes. In no case in which a reversal, vacatur, expungement, or modification was granted for a procedural or substantive defect in the criminal proceedings. Whether an alien has been convicted of a crime for which a sentence of one year or longer may be imposed or whether the alien has been convicted for a crime where the maximum penalty possible did not exceed one year shall be determined based on the maximum penalty allowed by the statute of conviction as of the date the