Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 325
permanent residence when they might otherwise be unable to secure relief.
Since immigration courts form an entity that is distinct from USCIS, this
procedure offers an alternative channel of relief.
Elements of a VAWA Cancellation Application
A domestic violence victim in removal proceedings must establish the
following to qualify for VAWA cancellation:
She had a legal and valid marriage to a current or former USC
or LPR or, if not married, had a child in common with him; 68
If married, their marriage was in good faith;
She or her child suffered physical battery or extreme cruelty
by the current or former USC or LPR;
She had at least three years of continuous physical presence in
the United States prior to submitting her application for
cancellation of removal;
She had good moral character for three years prior to making
the application;
She, her child, or parent would suffer extreme hardship if
removed from the United States. 69
Marriage and Physical Presence Requirements
A VAWA cancellation application provides relief to a broader range of
victims than either the battered spouse waiver or VAWA self-petition. A victim
may seek VAWA cancellation even if she divorced her abuser more than two
years prior to the application. Significantly, if the victim never married her
abuser but had a child with him, she may still be eligible for relief. 70 Also, if a
current or former USC or LPR abusive spouse or parent lost his own legal
status, it is not necessary to demonstrate a nexus between the status loss and
domestic violence. 71 At the same time, the requirement of three years physical
presence in the United States is an additional burden not present in either the
battered spouse waiver or the VAWA self-petition.
Good Moral Character
The good moral character requirement for VAWA cancellation is similar to
that in the VAWA self-petition, except the period for establishing good moral
character is limited to three years prior to the cancellation filing. There are some
differences in eligibility for VAWA cancellation rather than a VAWA self-petition