Immigration

You may be eligible to apply for VAWA cancellation of removal if:

1. You fall under one of the following categories:

• You have been battered or suffered extreme cruelty by a spouse who is/was a USC or LPR;
• You have been battered or suffered extreme cruelty by a parent who is/was a USC or LPR;
• You and a USC or LPR have a child together and the child has been battered or suffered extreme cruelty by the USC or LPR parent (even if you were never married to the abusive parent);¹ or
• You have been battered or suffered extreme cruelty by a person who is a USC or LPR who you thought you had married, but the marriage is not legitimate because the USC or LPR committed bigamy (was already married at the time)² and

2. You meet all of these other elements of VAWA cancellation of removal:

• You have been continuously physically present in the United States for three years immediately before the date of the application – Note: The issuance of the Notice to Appear does not “stop” this time period, but committing certain crimes does;
• You have been a person of “good moral character” for three years immediately before the date of the application;
• Your removal would result in extreme hardship to you, your child, or your parent; and
• You do not fall into any of the “bars” to cancellation of removal, which include certain grounds of inadmissibility and deportability. In other words, these are reasons (grounds) that prevent people from getting legal status in the U.S.³

¹ INA § 240A(b)(2)(A)(i)(I), (b)(2)(A)(i)(II)
² INA § 240A(b)(2)(A)(i)(III)
³ INA § 240A(b)(2)(A) and Department of Justice website - Instructions for Application for Cancellation of Removal