The 1994 Violence Against Women Act (VAWA) and the Battered Immigrant Women’s Protection Act of 2000 allow individuals who are married to U.S. citizens or lawful permanent residents to obtain residency in two ways–through self-petitioning or through cancellation of removal.
Self-Petitioning / Battered Spouse Petitions: Instead of depending upon a spouse to apply for residency, a victim of domestic violence can apply for residency independently. The resident spouse plays no role in the process and does not have to know that the applicant is filing a VAWA claim. VAWA is complicated, however, and you should consult with a lawyer before proceeding.
Cancellation of Removal: This option is available to applicants who are in, or who can be placed into, removal proceedings. Because applicants must be in removal proceedings before VAWA cancellation of removal is possible, it is necessary to see an immigration attorney before this type of VAWA relief is sought.
If you have been the victim of domestic violence at the hands of a U.S. citizen or lawful permanent resident or the victim of other types of crime, call or contact us directly at our San Jose, California, law office to schedule an appointment. Initial consultations are provided at a rate discounted from our standard fee.
