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
https://www.landerholmimmigration.com/
or call us at (415) 322-0960.
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