VAWA Cancellation of Removal
If your application for cancellation of removal is granted, the removal process can be ended, and you can receive legal permanent residence. Learn more here.
VAWA Deportation Protection
The Violence Against Women Act (VAWA), a U.S. federal law, cancels deportation or removal proceedings for abused immigrants. As a result, they are granted lawful permanent residence. Women are not the only immigrants eligible for humanitarian protection under VAWA.
VAWA Cancellation of Removal Requirements
To be eligible for VAWA, you must be able to prove that your U.S. citizen or permanent resident spouse, fiancé(e), parent, or other family member is physically or emotionally abusive toward you.
If you are granted a VAWA cancellation of removal, you will be given lawful permanent resident status.
The petitioner does not need the support of an abusive family member to be eligible for the VAWA visa. A Naturalization & Citizenship Lawyer can help you with this process.
Below are the main VAWA requirements.
1. Relationship
You must have a qualifying relationship with the abuser citizen or lawful permanent resident of the United States. The petitioner should have any of the following relationships with the abusive U.S. citizen or permanent resident:
- Spouses of U.S. citizens or lawful permanent residents
- Sons and daughters or step-children of U.S. citizens or lawful permanent residents
- Parents of U.S. citizens or lawful permanent residents,
- Non-abused parents of abused children of U.S. citizens or lawful permanent residents
- Abused fiancé(e)s of U.S. citizens or lawful permanent residents
You must also prove that you are currently or previously were residing with your abusive citizen or lawful permanent resident family member.
In the case of an abusive spouse, you need to prove that you have a real marriage. Your marriage will not be considered genuine if you entered into it solely to receive immigration benefits.
Consider getting help from an experienced visa lawyer to determine your eligibility status for VAWA cancellation.
- Residence Requirement
The residence requirement has two parts to it:
You must reside in theU.S. at the time the VAWA petition is submitted in order to be eligible for VAWA. However, if you live outside of the United States, you are required to demonstrate that your abuser is an employee of the United States government, a member of the national armed forces, or that you were subjected to violence or cruelty in the United States.
The second condition is that you must have shared a residence with the violent American citizen or authorized permanent resident.
- Citizenship of the Offender
The abuser must either be a citizen or a lawful permanent resident of the United States at the time of your petition for you to be eligible for VAWA. You might still be eligible for VAWA if you file your VAWA petition within two years of your spouse losing or renouncing their citizenship or permanent residence status.
- Your Relative Must Have Mistreated You
To qualify for a petition under VAWA, you need to show that it was your U.S. citizen or lawful permanent resident spouse, parent, or child who subjected you to battery or extreme cruelty during the qualifying relationship.
- Possessing Good Morals
To qualify for Women Act (VAWA), you must demonstrate that you have had an excellent moral character for the three years before submitting your VAWA petition.
- Mitigating Factors
You must show that specific grounds of inadmissibility do not apply to you. You will not qualify for VAWA cancellation if:
- You have a fraudulent marriage or produce fraudulent documents that cast doubt on your moral character.
- You have criminal convictions for an aggravated felony for offenses including domestic violence, stalking, kidnapping, perjury, and fraud.
- The government has criminal or security concerns about you.
Also, it is essential to demonstrate that if you are deported, you or your child or the parent of the abused child will suffer extreme hardship.
What’s the Average VAWA Processing Time?
Even though it can take 16 to 21 months for the USCIS to review a VAWA petition case fully, qualified petitioners will receive a Prima Facie Determination Notice if they meet all filing requirements.
You can deliver this notice to government organizations that offer public benefits to eligible victims of domestic violence. It is valid for 150 days.
What Happens if Vawa Is Denied?
If you are denied VAWA, you may be able to appeal the decision or file a motion to reopen or reconsider your case. To learn about your options, it would be ideal to speak with an immigration attorney about your situation.
You might also qualify for other sorts of immigration relief, such as asylum, if you were the victim of domestic abuse or other persecution in your native country.
Would You like to Learn More About Vawa Cancellation of Removal?
If you have been denied VAWA or think you might be eligible for cancellation of removal under VAWA, an Immigration Lawyer in Austin can help. Since our immigration attorneys have helped many people in situations like yours, we would be happy to discuss your case with you. To set up a consultation, kindly contact us right away.
