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VAWA Cancellation of Removal

VAWA Cancellation of Removal

Many immigrants come to the United States and marry a U.S. citizen or green card holder with the good intention to have a happy, healthy marriage. Unfortunately, sometimes things don't work out as planned. If you are in removal / deportation proceedings, this law could help you. If you are a spouse, son or daughter of a United States Citizen or Green Card holder, you may be eligible to apply for Cancellation of Removal under the VAWA (Violence Against Women Act) if your spouse has been abusing you (even if the abuse is psychological and not physical). VAWA relief is similar to U-visas in some respects, (so feel free to visit our U-Visas Lawyer webpage). Cancellation of Removal is a form of relief from deportation if you meet certain qualifications. The basic requirements are that you (1) have been physically present in the US for at least 3 years, (2) you have been a person of good moral character throughout those years, (3) you have been subject to battery or extreme cruelty by a US citizen or Green Card holding spouse or parent, and (4) that your deportation would cause "extreme hardship" to you, your child or your parent. Here are a few examples of who and when someone can file for Cancellation of Removal under VAWA if brought into Removal Proceedings: (1) An unmarried couple has a child who becomes a citizen. If the father is abusive, then the mother may apply for Cancellation of Removal, if placed in Removal Proceedings; (2) A married couple divorces, and the wife was abusive to the husband. The husband may self-petition for other applications up to two years after the divorce if placed in Removal Proceedings, and there is no deadline for filing Cancellation of Removal; (3) Lastly, if you are a son or daughter of a United States citizen but you are a citizen of another country, then you may self-petition for other applications of citizenship before the age of 21. If you are over the age of 21, then you may apply for Cancellation of Removal if placed in Removal Proceedings. For more information on how we can help you with various applications, including Cancellation of Removal, please visit us at or call us at (415) 322-0960.

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