Immigrants & Immigration

The Violence Against Women Act (VAWA) is a U.S. federal law. Applying for VAWA Cancellation of Removal can help immigrants in removal proceedings. A judge can cancel their removal or deportation and gives them lawful permanent residence. You do not have to be a woman to apply for VAWA Cancellation.

Who is eligible?

You can file for it if you fall in one of these categories: 

• Abused spouses of U.S. citizens or lawful permanent residents,
• Abused sons and daughters of U.S. citizens or lawful permanent residents,
• Abused parent of U.S. citizens or lawful permanent residents,
• Non-abused parents of abused children of U.S. citizens or lawful permanent residents, or
• Abused intended spouses of U.S. citizens or lawful permanent residents. 

If you are eligible, then you need to prove that:

• You are being abused or suffering extreme cruelty,
• You have been in the U.S. for 3 years,
• You would have extreme hardship (or your children or parents will) if you were to be deported, and
• You have had good moral character for the last 3 years.

You cannot get cancellation of removal if you are:

• Inadmissible for criminal or security reasons,
• Deportable for criminal or security reasons, or
• Deportable for marriage fraud, failure to register, falsification of documents, and falsely claiming citizenship.

You can also visit the USCIS website to view more information on grounds of inadmissibility.

How do I file?

Once you are placed in a removal proceeding, you have to appear in a court. Then, you can file Form EOIR 42B. You have to pay the $1500 filing fee, and the $30 biometrics fee. If you cannot pay, you can ask the immigration judge for a fee waiver.

If a judge cancels the removal, the removal proceeding ends. You will be granted lawful permanent residence.

Do I need a lawyer to file?

While you do not need a lawyer to file, it is a very good idea to have a lawyer help you fill out and file your forms because the process can be very long and complicated. There are a number of organizations that can help connect you with free or low-cost legal help. Take a look at this list to find the one closest to you. 

For more information

Help is available to you. You can call the National Domestic Violence Hotline at (800) 799-7233 or (800) 787-3224 [TDD]. You can also call the Illinois Domestic Violence Helpline at (877) 863-6338 or (877) 863-6339 [TTY].