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How does VAWA cancelation of removal work?

On Behalf of | Dec 25, 2023 | Immigration And Naturalization

Navigating the complexities of immigration law can be a daunting task, especially when facing the possibility of removal. Understanding the intricacies of the Violence Against Women Act (VAWA) and its application in the cancellation of removal process is crucial for those seeking relief.

The Violence Against Women Act, enacted in 1994, addresses issues related to domestic violence, dating violence, sexual assault and stalking. Initially designed to protect women, it has since evolved to encompass protection for all genders. VAWA aims to provide support and resources for victims while addressing immigration concerns for those facing removal.

Cancellation of removal under VAWA

Specific eligibility criteria must be met for cancellation of removal under VAWA. The applicant must demonstrate:

  • Abuse or battery: Providing evidence of physical or emotional abuse by a U.S. citizen or permanent resident spouse or parent.
  • Good moral character: Maintaining good moral character throughout the required period.
  • Continuous physical presence: Proving continuous physical presence in the U.S. for a specified period.

In some cases, victims of crimes, including domestic violence, may be eligible for a U visa, which can pave the way for VAWA cancellation of removal. Understanding the relationship between U visas and VAWA is crucial for maximizing legal avenues.

The application process

Compiling a compelling VAWA petition requires meticulous documentation. Applicants need to have evidence of the abuse and its impact and prove their relationship with the abuser. This may include police reports, medical records and affidavits from witnesses.

The formal process involves submitting Form I-360, the VAWA self-petition, to the United States Citizenship and Immigration Services (USCIS). Accurate completion and timely submission are critical for a smooth application process.

Once the petition is filed, USCIS conducts a thorough review. Approval grants the applicant a legal immigration status and protection from removal. In the event of a denial, understanding the reasons and potential remedies is essential. Applicants have the right to appeal the decision and present additional evidence to support their case.

Benefits of VAWA cancellation of removal

Upon approval, individuals granted VAWA cancellation of removal obtain legal status in the U.S. This status includes the right to work and contribute to society without fear of deportation. Successfully navigating the VAWA process can open doors to permanent residency. Understanding the subsequent steps, including adjustment of status, is essential for those seeking a long-term solution.

Comprehending how VAWA cancellation of removal works is vital for individuals facing the challenges of immigration proceedings. By meeting the eligibility criteria and meticulously preparing a petition with the assistance of an attorney, applicants can navigate the complexities of the process as successfully as possible.