What are the Requirements for VAWA in Court?
Abuse survivors in deportation before an Immigration Judge (known as removal proceedings) can also apply for VAWA in Court. With an approval, an Immigration Judge grants a Green Card through the Violence Against Women Act. This is known as VAWA Cancellation of Removal, and it applies if the survivor can prove that they:
- Have survived abuse or violence by a U.S. citizen or legal permanent resident spouse or parent
- Have been in the U.S. for a continuous period of at least 3 years before the Notice to Appear
- Have been a person of good moral character for at least 3 years
- Have to remain in the U.S. because removal would cause extreme hardship to THEM, their children or their parents
How Do I Prove Extreme Hardship For VAWA?
Extreme hardship is a phrase to describe the TOTAL suffering that a person would undergo if deported from the United States. Someone filing VAWA in Court needs to also prove that deportation would cause a lack of financial support; lack of emotional support; and problems with mental and physical health.
Any terrible thing that MIGHT reasonably happen can be included, so Blandon Law attorneys approach this part of the case by asking all the “what ifs” that no one wants to think about. Our attorneys are educated in listening carefully and writing clearly. Unless an abuse survivor is trained in writing proper English, they should call Blandon Law for a consult. Their life literally may depend on it.
What Should I File with the VAWA In Court Package?
Blandon Law reviews documents provided by clients including the following:
- Their income
- The income of family members
- The bills of an average month
- Medical records of every person in the household
- Letters from psychologists, therapists and counselors
- Conditions in their home country, such as war, poverty, crime
- Conditions for abuse survivors in their home country
- Income they would receive in their home country
- Whether medical and psychological help is available in the home country
- Death certificates of family members in the home country
Sadly, in many countries abuse survivors are harmed when others are learn that they have survived certain types of attacks. For example, the police in India do little to protect rape survivors.