If you are in removal proceeding and you were a victim of domestic abuse, you may be eligible to apply for relief from removal with the immigration court in the form of a VAWA cancellation of removal application. VAWA Cancellation of Removal provides another deportation defense to victims of domestic violence who find themselves in removal proceeding in immigration court.Our Los Angeles immigration attorneys have a high success rate of getting our clients approved for VAWA and experience in assisting clients in removal proceedings. Contact us now for a FREE consultation with an expert.
Eligibility to apply for VAWA Cancellation of Removal in immigration court
- Battery or extreme cruelty by a U.S. citizen or LPR spouse or battery to your child if that child is also the child of a U.S. citizen or LPR parent.
- Physical presence in the U.S. for three or more years before the VAWA application and notice to appear for removal proceedings. If it can be shown that any absence was connected to the violence experienced, this will not be a bar to a VAWA filing.
- Good moral character while present in the U.S. Exceptions may exist if certain acts or convictions can be tied to the violence suffered by the petitioner.
- Not otherwise inadmissible or deportable under the Immigration Law
- No convictions for aggravated felonies; and
- Evidence that removal would result in extreme hardship to the immigrant in the proceedings, the child of said immigrant or the parent of the respondent in immigration court.
Respondents who are eligible to apply for VAWA cancellation of removal in immigration court
- Former spouse or child of U.S. citizen or LPR, regardless of when death, divorce, or termination of parent-child relationship occurred
- Former or current spouse or child of someone who was formerly a U.S. citizen or LPR, but has lost that status for any reason
- Person with child in common with former U.S. citizen or lawful permanent resident, where the child in common was abused by the U.S. citizen or lawful permanent resident
Proving extreme hardship for VAWA Cancellation of Removal in Immigration Court
Generally, the most difficult piece of evidence to prove is that extreme hardship will exist if you are forced to be removed. Evidence may include the following:
- Need for access to U.S. court system, including criminal justice system and family courts (to support child support, maintenance, and custody agreements)
- Need for medical services not readily available in the home country
- Laws or customs in the home country that would penalize the self-petitioner or her children for being domestic violence victims
- The abuser's ability to follow the victim to home country
- Chance that abusers family or friends could victimize self-petitioner or her child in home country.
VAWA Cancellation of Removal is suitable for respondents who are not eligible to file a regular VAWA Petition with USCIS
The following classes of immigrants do not qualify for the self-petition VAWA application with USCIS as domestic abuse victim. As a result, VAWA Cancellation of Removal may be their only option in immigration court to defend against deportation.
- Abused spouse who was divorced for over 2 years from the abuser
- Abused spouse of LPR who has died or any abused children of a U.S. citizen LPR parent who has died.
- Parent of an abused child who was never married to the child’s abusive U.S. citizen or LPR parent;
- Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
- Abused spouse or child whose citizen parent gave up citizenship or lost LPR status for over 2 years;
- Victims of incest or child abuse who were abused while they were under 21, but failed to file a self-petition and who are now over 21 years
- Victims of child abuse who cannot establish that they have resided with the abuser.
Providing evidence in Immigration Court for VAWA Cancellation of Removal application
First, you must demonstrate your relationship to the abuser by providing documents such as a marriage certificate or birth certificate depending on the relationship. You must also provide documents to show that you were continuously present in the U.S. for a period of three years prior to your application. You must show that during your stay in the U.S. you were subject to extreme cruelty or abuse by the U.S. citizen or LPR. You must demonstrate that you are a person of good moral character and that, if you are deported, you or your abused child or your parent will suffer from extreme hardship. After your application is filed, the immigration judge will decide whether or not to grant you the cancellation of removal.
VAWA Cancellation of Removal can only be applied in immigration court in removal proceeding
If you are an abused immigrant spouse petitioning for immigration under VAWA, you do not require a sponsor. Generally, you must be in removal proceedings in order to apply under VAWA, but if you are not and wish to apply for VAWA relief, you must turn yourself in to the U.S. Immigration and Customs Enforcement (ICE) and request to be placed in deportation or removal proceedings. Once you are placed in a deportation or removal proceeding, you will be required to appear in court. At this time you must file Form EIOR-42B in the court along with supporting documents to prove your case.
Immigration Attorney Assistance with VAWA Cancellation of Removal
To retain my office to represent you in immigration court for VAWA cancellation of removal, please contact immigration attorney direct line (949) 228-3922 or contact me via email for a FREE consultation.
Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultations are open 24 hours a day, 7 days a week. Our immigration law office is located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.