Violence Against Women Act (VAWA) Cancellation of Removal 

VAWA allows certain individuals who do not have legal status in the United States to apply for a self-petition, as well as an application for green card if they have been the victims of domestic abuse, child abuse, or elder abuse by their U.S. citizen of lawful permanent resident relative. The most important aspect of a VAWA self-petition is that it is confidential, and the abuser relative does not need to know or cooperate in the immigration process. If the VAWA petition is approved, you could receive a work permit, permission to stay in the United States, and even apply for a green card. 

If you are the spouse or former spouse, child (unmarried/under 21 years old)/parent of an abused child (unmarried/under 21 years old), or parent who was physically battered and/or subject to extreme cruelty by your U.S. citizen or lawful permanent resident spouse, parent or adult child, you may be eligible to file a VAWA self-petition. Male victims also qualify for VAWA. 

In general, you must prove your relationship to the abuser, prove that the abuser is a U.S. citizen or lawful permanent resident, and that you were battered or suffered extreme cruelty. For abused spouses or former spouses, you must also prove that your marriage was genuine, the abuse occurred in the United States, you and your spouse/former spouse resided together, and you are a person of good moral character. If your marriage was terminated through death or divorce, you must file your VAWA petition within 2 years of the marriage ending. 

Violence Against Women Act (VAWA) – Cancellation of Removal 

If you are in removal (deportation) proceedings and you are the victim of domestic violence you may qualify for VAWA 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. 

Sometimes, there are individuals who qualify for both an affirmative VAWA application, 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. 

Attorney Gary Boyadzhyan has successfully handled many VAWA petitions, even the most complex cases. We have been able to secure approvals for cases where there was no physical abuse (only mental abuse), cases that did not have many joint documents to prove the marriage was genuine, and cases where there was a lack of documents to show the couple resided together. Most notably, we have secured approvals for cases where there was no police report, pictures, or medical records to show the victim was harmed. 

Remember, you should not be forced to remain in an abusive relationship by fearing that otherwise you may be deported. Boyadzhyan Law specializes in VAWA applications and we have an exceptionally high success rate. We are ready to guide you through the process.

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