The Violence Against Women Act (VAWA) provides for Cancellation of Removal for Non-Permanent Residents as victims of domestic violence. Alternatively known as Cancellation of Removal based on VAWA, this type of immigration relief is for non-permanent residents who are victims of domestic violence and who have been placed in removal proceedings. Domestic violence victims who have not been placed in removal proceedings may apply for immigration benefits by using Form I-360.
VAWA cancellation is available to someone who has been battered or subject to ‘extreme cruelty’ by a U.S. Citizen or permanent resident spouse or parent. This includes an alien parent of a child who was battered by a U.S. Citizen or permanent resident parent. The individual must also have been physically present in the U.S. for at least three (3) years before the cancellation application; have maintained good moral character during those three (3) years; not be inadmissible or deportable under certain immigration provisions, or convicted of an aggravated felony; and removal of the individual from the U.S. would cause extreme hardship to the individual him/herself and (if applicable) his or her children or parents.
A variety of evidence can be submitted to prove the individual’s relationship to the abuser as well as the abuse itself. This form of relief is discretionary, meaning that the Immigration Judge has the ultimate decision as to whether to grant cancellation of removal to an individual who meets the eligibility criteria listed above. Individuals in removal proceedings should remember that a cancellation of removal case can be a lengthy process. Individuals will first appear for an initial hearing at which they will be scheduled for their subsequent individual hearing. It is at the individual hearing where the Immigration Judge will evaluate the merits of the case.
The VAWA attorneys at Surowitz Immigration, P.C. have a strong track record of assisting individuals obtain successful immigration outcomes. If you have questions about VAWA for victims of domestic violence and would like more information, contact us today.
