Deportation Defense Cancellation of Removal for VAWA Applicants

Cancellation of Removal for VAWA Applicants

If you are in removal (deportation) proceedings and you are the victim of domestic violence by your U.S. citizen or green card holder relative, you may qualify for VAWA (Violence Against Women Acts) cancellation of removal. To qualify, in general, you must show:

• You have been subject to battery or extreme cruelty by a U.S. citizen or legal permanent resident (LPR/green card holder) spouse, child or parent;
• You have resided in the United States at least three years before being placed in removal (deportation) proceedings;
• You are a person of good moral character for at least the past three years;
• Your removal would cause extreme hardship to yourself, parent or child;
• You are not inadmissible to the United States or are eligible for a waiver; and
• Your marriage was entered in good faith if your claim is based on a marriage to a U.S. citizen or LPR

There are key differences between VAWA cancellation of removal versus an affirmative VAWA application with USCIS. Here are the key differences:

• You could only apply for VAWA cancellation of removal if you have a pending hearing in Immigration Court for removal proceedings.
• For VAWA cancellation of removal, you could apply two years after your marriage has ended. For affirmative VAWA application with USCIS, you must file within two years of your marriage ended or else you are no longer qualified.
• Adult children (over 21) are eligible for VAWA cancellation but not for an affirmative VAWA application.
• For VAWA cancellation of removal, there is an extra requirement of having a three-year residence in the United States before being placed in removal proceedings.
• For VAWA cancellation of removal, if you are the parent of an abused child of a U.S. citizen or LPR and you are not married to the parent of the child, you could still qualify. For affirmative VAWA applications, you must be married to the parent of the abused child. 
• There are different processing times for each type of application. Depending on the circumstance, a VAWA cancellation of removal can take longer to get a decision since there is a cap to the number of cases an Immigration Judge could grant in any given year. Thus, even if the Judge has approved your case, you may need to wait for a very long period of time until the Judge can issue a final decision to grant you VAWA cancellation of removal. 

VAWA Petition with USCIS

If you have not been placed in removal proceedings, you can file a VAWA petition with the United States and Immigration Services (USCIS), along with an application for a green card. Learn more here [ADD I-360 VAWA Petition Page]

Sometimes, there are individuals who qualify for both an affirmative VAWA petition, as well as VAWA Cancellation of Removal. Thus, it is important to consult with an experienced immigration attorney to determine the best strategy for your case. 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com