The Violence Against Women Act (VAWA) is a U.S. federal law. It helps abused immigrants in removal proceedings. The law cancels their removal or deportation. It gives them lawful permanent residence. An immigrant makes the decision to do this, not the U.S. Citizenship and Immigration Services (USCIS). You do not have to be a woman.

Who is eligible?

You can file for it if you fall in one of these categories: 

• Abused spouses of U.S. citizens or lawful permanent residents,
• Abused sons and daughters of U.S. citizens or lawful permanent residents,
• Abused parent of U.S. citizens or lawful permanent residents,
• Non-abused parents of abused children of U.S. citizens or lawful permanent residents, or
• Abused intended spouses of U.S. citizens or lawful permanent residents. 

If you are eligible, then you need to prove that:

• You are being abused or suffering extreme cruelty,
• You have been in the U.S. for 3 years,
• You have extreme hardship (or your children or parents do), and
• You have had good moral character for the last 3 years.

You cannot get cancellation of removal if you are:

• Inadmissible for criminal or security reasons,
• Deportable for marriage fraud, failure to register, or falsification of documents, or
• Convicted of an aggravated felony.

However, even if you are otherwise barred from getting a Green Card because you entered the US without legal immigration status, VAWA petitioners are an exception.

VAWA petitioners also cannot be denied because they are likely to become a "public charge." A public charge means that you may need to depend on government assistance. For example, food stamps or cash assistance. However, all other grounds of inadmissibility still apply to VAWA petitioners. For more information, you can visit Green card: deportation and inadmissibility.

You can also visit the USCIS website to view more information on grounds of inadmissibility.

How do I file?

Once you are placed in a removal proceeding, you have to appear in a court. Then, you can file Form EOIR 42B. You have to pay the $100 filing fee, and the $85 biometrics fee. If you cannot pay, you can ask the immigration judge for a fee waiver.

If a judge cancels the removal, the removal proceeding ends. You will be granted lawful permanent residence.

Do I need a lawyer to file?

While you do not need a lawyer to file, it is a very good idea to have a lawyer help you fill out and file your forms because the process can be very long and complicated. There are a number of organizations that can help connect you with free or low-cost legal help. Take a look at this list to find the one closest to you. 

For more information

Help is available to you. You can call the National Domestic Violence Hotline at (800) 799-7233 or (800) 787-3224 [TDD]. You can also call the Illinois Domestic Violence Helpline at (877) 863-6338 or (877) 863-6339 [TTY].