The Violence Against Women Act (VAWA) amended the Immigration and Nationality
Act (INA) in order to protect battered immigrant spouses, children, and
parents from further abuse. VAWA allows certain immigrants to petition
for themselves and thereby apply for permanent residency if their would-be-petitioner
was abusive. This process allows the abused immigrant to ask for help
without the knowledge of his or her abuser. There are certain eligibility
requirements to qualify for this form of relief. The applicant must show
that he or she (1) resided with the abuser; (2) was battered or subjected
to extreme cruelty during the marriage; (3) the marriage was entered into
in “good faith” (i.e. not solely for immigration purposes);
(4) is otherwise eligible for immediate relative status; and (5) is a
person of “good moral character.” We can add a sixth requirement
as well that the petition must be filed either when you are still married
to the abuser or within 2 years after a death or divorce. Each of these
eligibility criteria are complex and will require a showing of strong
evidence. Another way in which an immigrant can claim relief under VAWA
is to raise it as a defense during deportation proceedings. Eligible immigrants
who have been charged with removal and are entitled to VAWA cancellation
of removal may be able to avoid deportation altogether. You may be eligible
for this form of relief if you are the abused spouse, child, or the parent
of an abused child, of a U.S. citizen or a permanent resident. In order
to qualify for relief, you must have been living in the U.S. for the past
three years, you must never have been convicted of an aggravated felony,
you must be not guilty of certain criminal or marriage fraud violations,
you must have good moral character, and you must show that there would
be an extreme hardship to you, your child, or your parents, if you were
deported. Getting relief under VAWA also can entitle you to work authorization
in the United States, as well as opening a path for you to obtain permanent
resident status and remain in the U.S. As a result, VAWA provides an important
form of relief from deportation for certain eligible individuals. Even
if you are ineligible for relief under one aspect of VAWA, you may be
successful under another provision of the law. The Oakland deportation
defense attorneys of
Landerholm Immigration, A.P.C.
know how to help you through every step of your deportation proceedings.
Take the first step today toward securing the future of your family in
the United States, and call our office at (510) 756-4468 to set up a
free evaluation with one of our highly skilled California immigration lawyers.
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