The Violence Against Women Act (VAWA) provides a lifeline for certain immigrants facing domestic violence. The program allows eligible immigrants to break free from their abusers and seek immigration benefits.
One critical form of relief under VAWA is cancellation of removal, which enables eligible individuals in deportation or removal proceedings to stay in the U.S. Eventually, these individuals can apply for a green card. Understanding whether you are eligible for VAWA cancellation of removal is key to securing this form of relief.
Qualifying relationship
To be eligible for the VAWA lifeline, you should be able to demonstrate a qualifying relationship with your abuser. You could be the abuser’s:
- Spouse
- Child
- Parent
You will be required to demonstrate that you were subjected to one or more of the following forms of battery or extreme cruelty:
- Physical violence
- Emotional abuse
- Threats
- Intimidation
- Isolation
- Economic control
The abuser must be a lawful permanent resident, and the law applies regardless of your gender.
Physical presence
To be eligible for deportation protection under VAWA, you must have been physically present in the U.S. for at least three years prior to the application. This period helps ensure that you have established a meaningful connection to the U.S. and your community.
Furthermore, it would help your case to prove you have been a person of good moral character during your time in the U.S. This generally means that:
- You have abided by the laws
- You have not committed serious crimes
- You have conducted yourself in a manner consistent with the values of American society
Certain criminal convictions may disqualify you unless you can show that they were connected to the abuse you suffered.
Extreme hardship
One reason why VAWA comes through for victims is because their removal from the U.S. would result in “extreme hardship” to them or their children. Therefore, you should demonstrate that deportation would cause you:
- Emotional distress
- Psychological pain
- Financial suffering
Additionally, you must not be subject to any bars to relief, such as certain criminal convictions, fraud or prior removal orders that make you ineligible for cancellation of removal.
Understanding VAWA’s eligibility criteria is essential to protecting your rights and future. With compassionate legal guidance, you can navigate the complex application process and work toward seeking a life free from abuse with the security of lawful status in the U.S.