VAWA

The Violence Against Women Act (VAWA)The Violence Against Women Act (VAWA) provides for several protections for battered alien spouses, children, and parents of U.S. citizens or permanent residents. In certain cases, the spouse or child of a U.S. citizen or permanent resident may file a VAWA self-petition for permanent resident status. Under more limited circumstances, the battered parent of a U.S. citizen may file a VAWA self-petition. Certain battered spouses and children may seek VAWA cancellation of removal as a defense from removal. In limited cases, the battered spouse of certain nonimmigrants in derivative status may be eligible to apply for employment authorization under VAWA. An individual who believes that he or she may be eligible for relief under VAWA should consult with an experienced immigration attorney.

Special Rule Cancellation of Removal for Battered Spouses and Children

The Violence Against Women Act (VAWA) contains special rules for cancellation of removal for non-lawful permanent resident (LPR) spouses or children of U.S. citizens (USCs) or LPRs who were subject to battery or extreme cruelty by the USC or LPR spouse or parent. The eligibility requirements for special rule cancellation for battered spouses and children are more lenient than for regular cancellation, making obtaining cancellation of removal generally easier for battered spouses and children of USCs and non-LPRs than for other non-LPRs. This article will explain the eligibility requirements for special rule cancellation for battered spouses and children, where they differ from the general rules for non-LPR cancellation, and advice for applying.

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