VAWA Cancellation of Removal
IMMIGRATION ATTORNEY LAURA LEON
If you’re facing removal from the United States after experiencing abuse by a qualifying U.S. citizen or lawful permanent resident family member, VAWA cancellation of removal may provide a way to stay in the country.
Laura Leon Law, PLLC, helps people facing removal understand whether this form of relief may apply and what they may need to prove in immigration court. If you believe you may meet VAWA cancellation of removal requirements, schedule a consultation to discuss your case.
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What Is VAWA Cancellation of Removal?
VAWA cancellation of removal, also referred to as special rule cancellation of removal, is a discretionary type of relief available to certain individuals in removal proceedings who have suffered battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member. While both a VAWA cancellation of removal and a VAWA self-petition are associated with the Violence Against Women Act, they are separate immigration processes. A VAWA self-petition is filed with USCIS and can provide a basis for seeking lawful permanent residence. A VAWA cancellation of removal asks an immigration judge to cancel removal and grant lawful permanent resident status.
Important VAWA Cancellation of Removal Requirements
An individual may qualify for VAWA cancellation of removal if they experienced battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent. They may also qualify if their child was battered or subjected to extreme cruelty in the United States by the child’s U.S. citizen or lawful permanent resident parent.
Applicants must also have been continuously physically present in the United States for at least three years, show good moral character during that period, and have no applicable disqualifying offenses or grounds. They must merit relief as a matter of discretion and demonstrate that extreme hardship would result from their removal.
Evidence of Battery or Extreme Cruelty for VAWA Cancellation of Removal
Proving battery or extreme cruelty is a crucial part of requesting VAWA cancellation of removal. Evidence may include:
- Police records
- Protective orders
- Medical documentation
- Counseling records
- Communications between the individual and the person who harmed them
- Photographs
- Statements from witnesses
Not all unhealthy relationships meet the standard of battery or extreme cruelty, so the evidence should clearly show how the conduct meets that standard.
Proving 3 Years of Continuous Physical Presence
An applicant must have been continuously physically present in the United States for at least three years prior to their application for VAWA cancellation of removal. Documents that may help establish physical presence may include:
- Lease or mortgage records
- Utility bills
- Tax records
- School records
- Employment documentation
- Bank statements
- Affidavits from those who know the applicant
Calculating continuous physical presence isn’t always as easy as counting three calendar years from the date of application. There are specific rules within immigration law that affect calculation, so you should address your specific immigration history with your attorney.
Demonstrating Extreme Hardship
You should also be ready to show that removal would cause extreme hardship to you or a qualifying child or parent, depending on the case. Relevant circumstances may include the effects of past abuse, medical and psychological needs, financial consequences, safety concerns, or the loss of family and community support. Depending on the facts of your case, one significant circumstance or several circumstances together can help establish that you meet the extreme hardship requirement.
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Applying for VAWA Cancellation of Removal
You can request VAWA cancellation of removal using Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.
You can then file the application and supporting documentation with the appropriate immigration court. The form must also be served on the Department of Homeland Security or ICE Office of Chief Counsel. You can then watch for USCIS instructions regarding a biometrics appointment.
At this point, you may need to testify before an immigration judge during an individual hearing. This may require you to present supporting documentation and witnesses.
What Happens If VAWA Cancellation of Removal Is Granted
If your request for VAWA cancellation of removal is granted, your removal is canceled, and your status is adjusted to lawful permanent resident.
What Happens If VAWA Cancellation of Removal Is Denied
If the court denies your VAWA cancellation of removal request, you may still have options.
If the judge also orders removal, that decision generally does not become final while the time to appeal remains open or while a timely Board of Immigration Appeals (BIA) appeal is pending. If you choose to appeal the immigration judge’s decision, your Notice of Appeal must be received by the BIA within 30 calendar days of the decision. You may also work with your attorney to explore other forms of immigration relief or a motion to reopen or reconsider.
How Laura Leon Law Can Help You
VAWA cancellation of removal is a form of relief that requires deeply personal and painful evidence and testimony. At Laura Leon Law, we understand how difficult it can be to go through that evidence again as part of your immigration efforts. We handle your disclosures and evidence with tact and understanding while advocating aggressively for you in immigration court.
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Schedule a Consultation Now to Discuss VAWA Cancellation of Removal
If you believe you meet the VAWA cancellation of removal requirements and you want to explore this form of relief, our team at Laura Leon Law is here and ready to talk. Contact us to schedule a consultation.
