Can VAWA Stop Deportation?
Yes, VAWA (Violence Against Women Act) can serve as a powerful defence in deportation proceedings and may help eligible survivors of abuse remain in the United States.
If you are in removal (deportation) proceedings and have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or adult child, VAWA provides specific protections that can prevent your deportation and offer a pathway to lawful status.
How VAWA Can Stop Deportation:
Cancellation of Removal Under VAWA
Survivors in immigration court may apply for VAWA Cancellation of Removal, which, if granted, stops the deportation process and provides a green card. To qualify, you must:
- Have been subjected to battery or extreme cruelty by a U.S. citizen or LPR spouse or parent,
- Have lived in the U.S. for at least three years,
- Demonstrate good moral character, and
- Show that removal would cause extreme hardship to you or your child.
VAWA Self-Petition (Form I-360)
Filing a self-petition under VAWA can also protect you from removal. If the petition is approved:
- You may apply for adjustment of status (green card) even while in proceedings,
- You may be granted deferred action and work authorization.
Protection Without a Sponsor
Unlike family-based immigration, VAWA allows survivors to apply independently, without relying on their abuser. This is especially important if the abuser refuses to file a petition or threatens deportation as a form of control.
Summary:
VAWA can stop deportation by allowing eligible survivors to apply for cancellation of removal or lawful permanent residence, providing a vital legal option for those facing abuse and lacking other means to stay in the U.S. If you are in this situation, it’s highly recommended to consult with an immigration attorney or accredited legal representative.
