For many immigrants experiencing domestic violence, the threat of deportation can make it even harder to leave an abusive situation. Thankfully, the Violence Against Women Act (VAWA) offers vital protections that allow survivors to seek safety and legal immigration status without relying on their abuser.
One crucial safeguard under VAWA is Cancellation of Removal, which provides eligible individuals facing deportation or removal proceedings with the opportunity to remain in the U.S. Under normal circumstances, if you are in deportation proceedings, you need to meet strict requirements to avoid being removed from the U.S.
However, if you are a victim of abuse, VAWA offers a unique chance for you to stay in the country and eventually work toward a green card.
What is a VAWA Cancellation of Removal?
This form of relief allows victims of battery or extreme cruelty to fight deportation in Immigration Court (EOIR). Unlike a VAWA self-petition, which is filed proactively with U.S. Citizenship and Immigration Services (USCIS), VAWA Cancellation of Removal is only available to individuals already in removal proceedings.
If you are in deportation proceedings, filing a VAWA self-petition alone will not stop removal. You must apply for VAWA Cancellation of Removal through EOIR to secure your right to stay.
Who Qualifies for a Cancellation of Removal Under VAWA?
To qualify for VAWA Cancellation of Removal, you must prove that you experienced battery or extreme cruelty by your U.S. citizen or LPR (Lawful Permanent Resident) abusive spouse, parent, or child. Abuse can take many forms, including:
- Physical violence
- Emotional abuse
- Sexual abuse
- Acts intended to create fear, compliance or submission
- Economic control
- Threats of deportation
- Psychological or social abuse
- Neglect
Requirements for VAWA Cancellation of Removal
In addition to proving that abuse occurred, you must meet all of the following requirements while in removal proceedings to qualify for VAWA Cancellation of Removal:
- Be in Removal Proceedings: VAWA Cancellation of Removal is only available to individuals already in deportation proceedings. If you are not in removal proceedings but are experiencing abuse, you may be eligible for a VAWA self-petition instead.
- Have Lived in the U.S. for at Least Three Years: You must have lived continuously in the U.S. for at least three years before applying for VAWA Cancellation of Removal. Short trips abroad may be allowed, but long absences could disqualify you.
- Prove Good Moral Character: You must demonstrate that you have been a person of good moral character during the three years before applying. Serious criminal convictions or fraudulent activities could impact your eligibility, while minor infractions may not automatically disqualify you.
- Show Extreme Hardship if Deported: Unlike standard Cancellation of Removal cases, where hardship is shown for a relative, applicants under VAWA must demonstrate how they would experience extreme hardship if deported. This may include fears of continued abuse, lack of support, or risk of harm due to gender, sexual orientation, or cultural identity.
If you meet all of the above requirements, you may qualify for Cancellation of Removal.
How Do I Apply for Cancellation of Removal Under VAWA
Applying for VAWA Cancellation of Removal is a complex legal process that requires careful documentation and strong legal arguments. Here’s what the process involves:
- Complete the VAWA Cancellation of Removal form – The primary form used is Form EOIR-42B, which you submit to the Immigration Court (EOIR).
- Gather Strong Evidence – Provide proof of:
- Abuse (police reports, medical records, witness statements)
- Continuous presence in the U.S.
- Good moral character (letters of support, employment history)
- Attend Your Immigration Court Hearings – Your case will be heard before an Immigration Judge (IJ) in EOIR court.
- Defend Against Deportation – You must argue that you qualify for relief and that deportation would cause extreme hardship.
- Apply for a Green Card – If granted VAWA Cancellation of Removal, you may be eligible to apply for lawful permanent residency (a green card).
How Odunlami Law Can Help
Most often, removal cases are highly complex and emotionally taxing for noncitizens facing deportation, especially when compounded by the trauma of domestic abuse. Applying for VAWA Cancellation of Removal is a detailed legal process that should never be undertaken without the guidance of an experienced immigration attorney. Navigating this process requires precise documentation, strong legal arguments, and a clear understanding of immigration law.
At Odunlami Law, we are committed to standing with survivors of abuse, helping them fight deportation and secure a stable future in the U.S. We are here to ensure that all required documentation is submitted accurately, that potential defenses are identified and presented effectively, and that your case is represented in the best possible light.
If you believe you qualify for VAWA Cancellation of Removal, do not wait. Your safety and future are too important to delay. Contact Odunlami Law today for a confidential consultation with an experienced VAWA lawyer and learn more about how we can help you towards permanent residency and safety. We are located in New Jersey, but serve clients nationwide.
