Immigrants & Immigration

A person is eligible if they fall in one of these categories:

• Abused spouses of US citizens or lawful permanent residents (LPRs or green card holders),
• Abused sons and daughters of US citizens or LPRs,
• Abused parent of US citizens or LPRs,
• Non-abused parents of abused children of US citizens or LPRs, or
• Abused intended spouses of US citizens or LPRs.

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

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

They cannot get cancellation of removal if they 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.

Inadmissibility and deportability are separate, but related, legal concepts that have to do with whether someone can be deported.

Once a person is placed placed in a removal proceeding, they have to appear in immigration court. Then, they can file Form EOIR 42B with the immigration court. They have to pay the $1600 filing fee, and the $30 biometrics fee. If they cannot pay, they can ask the immigration judge for a fee waiver.

If the immigration judge cancels the removal, the removal proceeding ends. The non-citizen will be granted lawful permanent residence.

While a lawyer 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.