If you are in removal proceedings but are currently being abused by a spouse or parent, then you might qualify for cancellation of removal under the Violence Against Women Act (VAWA). It is not easy to claim protection under this statute, so meet with a seasoned Austin immigration attorney for assistance with your case.
The qualifications to claim cancellation of removal under VAWA are:
- You are being abused by your sponsor who is a U.S. citizen or green card holder, or you are the parent of a child who is being abused by a sponsor
- You have been physically present inside the United States for 3 continuous years before your issue of Notice to Appear and your application for VAWA cancellation of removal
- You have had good moral character for the 3-year residency period
- Your removal would cause extreme hardship to you, your children, or your parents
- There are no bars to admissibility (such as a criminal conviction)
You need to gather sufficient evidence that helps you establish each element to be successful at canceling your removal.
Showing Extreme Hardship
Probably the most difficult part is showing that your removal from the country would cause extreme hardship to either you, your children, or your parents. Extreme hardship is something more than inconvenience. Also, the government might think your family member should return to your home country with you.
Proving that someone would suffer extreme hardship can require extensive documentation. For example, a child or parent might be suffering physically and need you to help take care of them. If there is no one else in the U.S. who can fulfill that role, then you might be able to prove extreme hardship. You might also show that you would personally suffer extreme hardship, such as loss of employment or problems readjusting to life back in your native country.
There are many wrinkles to immigration law, and some clients have run into trouble in the following ways:
- Continuous presence. You can’t have any absence from the U.S. longer than 90 continuous days or 180 days in total. Some applicants visit friends and family in their native countries, but these cannot be lengthy visits.
- Proof of abuse. Abuse does not have to be only physical, and you don’t necessarily need a police report or proof of a restraining order. However, you do need solid proof that you have been subject to extreme cruelty.
- Good moral character. Ideally, you shouldn’t have any criminal convictions while present in the U.S.
Call Us Today to Schedule a Consultation with an Austin Immigration Lawyer
Gathering the necessary paperwork for cancellation of removal takes time. Unfortunately, many clients are feeling incredible stress after receiving their Notice to Appear.
Let our law firm help. Michael G. Murray is a seasoned immigration attorney in Austin who has helped many clients stay in the United States even after removal proceedings have commenced. Contact the firm today to schedule a consultation by calling (512) 215-4407 or submitting this online contact form.
View more contact information here: Immigration Lawyer in Austin.