VAWA Cancellation of Removal
A powerful form of defensive relief in Immigration Court under INA § 240A(b)(2) that cancels deportation and grants a Green Card to battered noncitizens.
1. Overview of the Process & Reasons to Pursue
VAWA Cancellation of Removal is a specialized statutory defense against deportation available in Immigration Court under Section 240A(b)(2) of the Immigration and Nationality Act. Unlike standard non-LPR cancellation (which requires 10 years of physical presence and exceptional and extremely unusual hardship to a qualifying relative), VAWA Cancellation requires only **3 years** of continuous physical presence and requires showing that removal would cause 'extreme hardship' to the applicant, their child, or their parent. Upon granting the application, the Immigration Judge terminates removal proceedings and directly grants the respondent Lawful Permanent Resident status (a Green Card).
Why Someone Pursues This Process / How One Enters It
For an undocumented individual facing removal before an Immigration Judge who has suffered domestic abuse or extreme cruelty at the hands of a U.S. citizen or LPR spouse, parent, or child, VAWA Cancellation is a lifesaver. It converts an adversarial deportation trial into a direct path to lawful permanent resident status, overcoming unlawful entry and unlawful presence without requiring independent USCIS visa petition approval.
2. How Long the Process Usually Takes
12 to 24 months within the trial calendar of the Immigration Court.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form EOIR-42B
Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (annotated for special rule VAWA claims)
Form EOIR-28
Notice of Entry of Appearance as Attorney Before the Immigration Court
Form I-912 / EOIR Fee Waiver Request
Request for fee waiver submitted to the Immigration Judge
Comprehensive Trial Brief & Exhibit Binder
Formal legal brief detailing statutory compliance and hardship factors
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Proof of at least 3 years continuous physical presence in the United States immediately preceding the filing of the application (leases, pay stubs, school records, medical bills)
- Proof that the applicant has been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or adult child
- Proof of marriage or qualifying familial relationship to the abuser
- Proof of Good Moral Character (GMC) during the 3-year statutory period (police clearance certificates, tax records, community letters)
- Evidence that removal would cause 'extreme hardship' to the applicant, their child, or their parent (psychological evaluations, medical diagnosis records, country condition danger reports, lack of protective infrastructure in home country)
- Certified criminal court records demonstrating no disqualifying criminal offenses
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Ineligible Criminal Convictions: Noncitizens convicted of an aggravated felony (INA § 101(a)(43)) or disqualifying crimes under INA § 212(a)(2) or § 237(a)(2) are statutorily barred.
- Security and Terrorism Bars: Any association with terrorist activity or national security threats under INA § 241(b)(3).
- Failure to Meet 3-Year Physical Presence: Absences from the U.S. exceeding 90 days individually or 180 days in the aggregate break continuous physical presence.
- Failure to Prove Abuser's Citizen or LPR Status: Statutory requirement that abuser possessed U.S. citizenship or permanent residence at the time of abuse or status loss.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Application Granted by Immigration Judge: Removal proceedings terminated; respondent's status adjusted to Lawful Permanent Resident (10-year Green Card granted).
- DHS Reserves Appeal: ICE trial attorneys may reserve appeal to the Board of Immigration Appeals (BIA).
- Application Denied: Immigration Judge enters an order of removal; respondent given 30 days to appeal.
- Voluntary Departure Granted: If cancellation is denied, IJ may grant voluntary departure as an alternative.
8. What Can Be Done If Your Outcome Is Negative?
If the Immigration Judge denies VAWA Cancellation of Removal, the respondent must file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals (BIA) within 30 calendar days. An automatic stay of deportation remains active while the BIA appeal is pending. If the BIA affirms the denial, counsel can file a Petition for Review in the U.S. Circuit Court of Appeals on legal and constitutional issues.
9. Range of Legal Fees Charged by Lawyers
$6,000 to $11,000+ typical attorney fee due to full trial preparation, forensic psychological expert witness coordination, direct examination prep, and courtroom trial appearances.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.