Domestic Violence Survivors and Military Persons Receive Special Consideration When Applying To Cancel Removal Proceedings
This is the next post in our series discussing what Texas residents need to know about applying for cancellation of removal in immigration court. Our last post discussed why someone may be considered deportable and when relief may be obtained by applying for cancellation of removal. In this post we will discuss the special consideration that both domestic violence survivors and military persons receive when applying for cancellation of removal.
Surviving domestic violence from a US citizen can make an immigrant eligible to apply for permanent residency
When an immigrant is battered or abused by a US citizen then that person may be eligible to apply for various types of relief. A domestic violence victim may be eligible to apply for an immigration visa petition and green card with the immigration service (USCIS) or they may apply for Cancellation of Removal with an immigration judge. Cancellation of removal for domestic violence victims has some requirements that are different from a VAWA case with USCIS. For example, domestic violence victims who are applying for cancellation of removal must show that they have been physical present in the U.S. for three years.
In order for a domestic violence victim to be eligible for cancellation they must have been subjected to extreme cruelty at the hands of a citizen, a permanent resident spouse, or a parent. This can be best documented through arrest records, medical documents, or records from legal proceedings. As with other applications domestic violence victims must prove they are of good moral character, that their removal would create hardship to them, to their parent or to their child, and they must not be convicted of an aggravated felony.
Members of the Armed Forces do not have to adhere to the physical presence requirement when applying for cancellation of removal
If you have served in the Armed Forces, you likely feel that you have proven your devotion to the United States. As members of the Armed Forces are often stationed in locations outside of the country, a current or former Armed Forces member is not required to meet the requirements for continuous physical presence in the United States. However, they are required to have served at least 24 months of service on active duty, and received an honorable discharge if not currently active.
If you have been in the Armed Forces, or are a domestic violence victim, and are in danger of being deported, you may have options. Contact our Austin immigration firm today to discuss applying for Cancellation of Removal.