Immigrants & Immigration

Only certain relatives of US citizens or LPRs are eligible for VAWA cancellation. A person is eligible if they are an abused:

• Spouse, or intended spouse,
• Unmarried child under 21 years old,
• Adult son or daughter, or
• Parent of a US citizen or LPR.

If a child under 21 was abused by their US citizen or LPR parent, their other noncitizen parent may self-petition. This is the case even if the VAWA cancellation applicant themselves was not abused. The abused child also does not have to be undocumented for the parent to qualify for VAWA.

A person is not eligible for VAWA cancellation if they:

• Were convicted of an aggravated felony,
• Are inadmissible or deportable for for criminal or national security reasons, or
• Are deportable for marriage fraud, failure to register, document fraud, or falsely claiming citizenship.

An intended spouse is a self-petitioner who thought they legally married a person, but they didn’t know the abuser was already married to someone else. Because the abuser was already married, their marriage to the self-petitioner is not legally valid. Intended spouses are included in VAWA to protect people who thought they were legally married and abused.

They need to prove that:

• They are suffering battery or extreme cruelty at the hands of their US citizen or LPR family member,
• They have been in the US for three years,
• They would would suffer extreme hardship, or their children or parents will suffer, if they are deported, and
• They have had good moral character for the last three years

Battery or extreme cruelty can include a lot of different behaviors. It could mean the abusive spouse physically hurt the VAWA cancellation applicant. This includes if they have been physically restrained or prevented from leaving a place. It also includes non-physical forms of harm like:

• Verbal, emotional and mental abuse, 
• Extreme controlling behavior,
• Financial abuse, or
• Threats of deportation.

This is not a complete list of behaviors that could be considered “battery or extreme cruelty.” An experienced attorney can help someone understand whether the abuse they suffered could qualify them for VAWA.

A person has “good moral character” when they meet the standard of good person set by their community. Generally, this means the VAWA cancellation applicant must show they do not have a serious criminal record. Learn more about good moral character.

Once a person is placed in removal proceedings, they have to appear in immigration court. Then, they can file Form EOIR 42B with the immigration court. They have to pay the $1640 filing fee, Fee charged for filing court documents and the $30 biometrics fee. If they cannot pay, they can ask the immigration judge for a fee waiver.

If the immigration judge grants the application for VAWA cancellation of removal, the person’s removal proceedings will end. The non-citizen will be granted LPR status.

While a lawyer Someone who represents clients in courts or who gives legal advice is not necessary to file, it is a very good idea to have one. The process of applying for VAWA cancellation can be very long and complicated. A lawyer can help fill out and file forms with the immigration court. There are a number of organizations that specifically work with survivors of abuse that can help connect a survivor with free or low-cost legal help. ILAO also provides help with finding a lawyer with our Get Legal Help tool.