Eligibility Requirements for Battered Spouses in Prince William County

Battered spouses can apply for cancellation of removal. There are strict eligibility requirements for battered spouses in Prince William County. Since this is a complicated process, it is beneficial to have legal representation. An immigration attorney can help battered spouses seek cancellation of removal. If they meet certain criteria and have any qualifying family members who are going to suffer if they are ordered removed in the United States, an individual can apply for cancellation of removal.

If you can prove that your removal would cause extreme hardship to a qualifying relative who has to be present in the United States, consult a cancellation of removal attorney to begin building your case. Learn more about the eligibility requirements for a battered spouse in Prince William County. A local cancellation for removal attorney has experience working with VAWA applications, U-Visas, and can make their clients comfortable during this process.

Requirements

The physical presence requirement begins when a person enters the United States. The entering does not have to be legal, it just needs to be the date that a person first entered the United States. In some of these cases, the person entered without documents or inspections, and they have issues to prove physical presence in those cases. If an individual entered with a VISA, it would be easier to show the VISA date, for example.

Good Character

Good moral character is necessary, and it is defined by the Immigration Nationality Act that is required for non-LPR cancellation. One needs to show good moral character in the three-year period in which a person needed to have a physical presence. A judge can take a conduct that occurs outside that three-year period into consideration when they are evaluating whether that individual has had a good moral character because it is a larger discretionary decision ultimately, but they focus more intensively on the three-year period that immediately precedes the issuance of an individual NTA.

Extreme Hardship

The bar for proving hardship is lower. The VAWA cancellation case is an extreme hardship. Often, if an individual has been the victim of domestic abuse, the hardship can be imputed because that person has already been through a lot of suffering, and another upheaval would cause more harm. Also, if a person is going to be relocated to a country that does not have protection for women who are victims of abuse, this is also a consideration. Many countries around the world do not well-developed protections for victims of crime in general. Another important distinction with VAWA cancellations and LPR and non-LPR cancellations is that a person does not have to rely only on the hardship to the qualifying relative, so it is much easier to establish.

Evidence and Documentation

The types of evidence that a person will submit in a VAWA cancellation case will really depend on the type of the abuse the person has been a victim of. In some cases, documents and the evidence are readily available, such as police reports, medical reports, and psychiatric evaluations. If that hard evidence is available, the case is much easier to prove, but in many cases, they do not have any of this hard evidence. An individual never needs to have called the police or gone to the doctor or psychiatrist to make the claim. It is definitely advisable to help corroborate the claim for the person to see a psychiatrist after the fact. In many cases, people have been afraid to call the police or seek medical attention. In many cases, the lawyers are trying to create the record after the abuse has already ended or the abusive situation has been dealt with.

The burden is on the applicant to prove that they are credible. The prosecution is able to present evidence to impeach the applicant’s credibility. That is a major issue because often the credibility of the applicant is the most important thing in these cases. If the applicant is able to prove that they qualify for cancellation of removal and fulfill the eligibility requirements for a battered spouse in Prince William County, they can be granted cancellation of removal.

Common Mistakes

The most common mistake is a lack of attention to detail in preparing for oral testimony. It is important for the person to refamiliarize themselves with the minute details of their own written statements before trial.

Especially in cases when a person does not have a lot of hard evidence like police reports or medical records, documenting one’s own abuse is especially important. The prosecutor will do everything they can to impeach the person’s credibility in front of the court, and often, victims can get flustered or misremember a fact that they have already stated in declarations or in their application. Those can be serious issues for as establishing credibility to the judge.

Consulting an Attorney

Documentation and evidence are really important when someone is applying for cancellation of removal in the United States. It can be a very long and complicated process. There are many benefits to having a legal team who has a wide variety of resources and experiences.

If you could qualify for cancellation of removal, consult a skilled attorney. Understanding eligibility requirements for a battered spouse in Prince William County is critical for going through this process.