Violence Against Women Act. (VAWA). This Act provides an avenue of immigration relief for certain spouses and children of lawful permanent residents or U.S. citizens who have been battered or subjected to extreme cruelty. The act covers male victims as well.
Domestic violence and abuse is not an easy subject to discuss. We invite you to contact our firm and discuss your case with one of our experienced attorneys who have worked with victims of trauma and abuse on these types of cases. Domestic abuse can take many forms and it is not always physical. It is important that you talk to an experienced attorney about whether your situation may qualify you for legal residence under VAWA.
Individual who is battered or subject to extreme cruelty may file a self-petition (I-360 petition) without the help or knowledge of the abuser. You must demonstrate that you have resided with the abuser in the United States, were battered or subject to extreme cruelty during the marriage, you are a person of good moral character, and the marriage was entered into in good faith.
VAWA Cancellation of removal in Immigration Court.
If you are in removal proceedings and the victim of abuse by your U.S. citizen or lawful permanent resident spouse or parent, you may be able to apply for permanent residence through VAWA cancellation of removal. To be granted VAWA cancellation of removal one must prove that they were subjected to battery or extreme cruelty by their U.S. citizen or permanent resident spouse or parent, that they have been physically present in the U.S. for a continuous period of three years prior to their VAWA application and the issuance of the Notice to Appear, that they have been a person of good moral character during the past three years, that their removal would cause extreme hardship to themselves, their children or their parents, and that certain inadmissibility grounds do not apply to them. Cancellation of removal results in lawful permanent resident status for the victim. Usually extreme hardship is the most difficult element to prove. That is why it is very important to have an experienced immigration attorney represent you.