VAWA Cancellation of Removal FAQs

There’s a separate type of cancellation of removal called VAWA Cancellation. VAWA means that it stems from the Violence Against Women’s Act, which is actually the legal basis for other types of humanitarian-based immigration benefits such as the U visa. To learn more about what these mean for your cancellation of removal read below or consult with an attorney about VAWA cancellation of removal today.

How are VAWA-Related Proceedings Different from Traditional Cancellations of Removal?

The steps are different because it is based on abuse- specifically, the applicant’s abuse at the hands of a legal permanent resident or US citizen spouse or parent. If you can prove you were abused by a qualifying family member, the residency requirements are much shorter. You actually only need to have lived continuously in the United States for three years immediately preceding the time the NTA was issued.

Who is Eligible for Abused Spouse and Children Cancellation?

You need to prove that you have a qualifying relationship to the abuser. So, if you’re applying as an abused spouse, you need to submit a copy of your marriage certificate and other proof of the bona fides of your marriage. If you were a battered child, you need to submit the birth certificate. If a stepchild is applying you need to provide the marriage certificate of your parent to the abusive stepparent.

You also need to prove the physical and continuous physical presence prong. Again, this is three years, but the physical presence requirements are a little bit more flexible for VAWA applicants. For example, you can be absent for up to ninety days or an aggregate of up to a hundred and seventy nine days or under a hundred an eighty days and still qualify. And also, if you did not maintain your continuous presence, in some cases it can be okay if you can prove that your absence from the United States was directly connected to the abuse you’ve suffered.

The other requirements are that as a result of the abuse you were subjected to battery or extreme cruelty, so it doesn’t always have to be physical abuse, but it does have to amount to extreme cruelty. Again, you also have to prove good moral character just like in the other cancellation applications, and you also have to prove that you, the applicant, or your child or the parents of the abused child will suffer extreme hardship if you are deported.

This is different from the non-LPR cancellation requirement in that you can actually use the hardship that you yourself would suffer if you are deported. Your suffering – not just the suffering of your qualifying family members – counts.

How Can a Cancellation of Removal Lawyer Help?

It’s similar to the LPR cancellation cases and non-LPR cancellation cases, but in these types of cases it’s important to have an attorney – especially when you don’t have a lot of physical abuse involved. If it’s more of a psychological or sexual abuse case, the abuse can be harder to prove.

Clients choose to work with us because we have a lot experience dealing with victims. We do a lot of non-cancellation VAWA applications, which are filed outside of immigration court, and we do a lot of U visas and work with victims of crimes in other contexts, as well as asylum cases which often involve serious trauma. It’s very important that when you’re trying to tell a story of abuse to have somebody that you trust and that you can be open with.