VAWA - Waiver of Removability for Victims of Domestic Abuse

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Victims of domestic abuse may be eligible for a waiver from removability. If you are in removal proceedings, and you are a victim of domestic abuse, you may have a waiver of removability available to you. Waiver of removability will get you to stay in the US if you qualify. Domestic abuse can take several forms including domestic violence, extreme cruelty, and even sexual abuse. Men and women alike can benefit from this statutory provision.

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The U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) will consider several factors to determine if you are a victim of hardship under the Violence Against Women Act of 1994 (VAWA) and have a waiver available to you. If you believe you could qualify for the VAWA waiver as a victim of domestic abuse, the Columbus deportation attorneys at The Law Firm of Shihab & Associates have decades of combined experience successfully representing respondents in removal proceedings.

How Can I Qualify for a VAWA Waiver?

The VAWA waiver is not limited to women and is also available to men who are victims of domestic abuse. To determine whether a case qualifies for a VAWA waiver, the USCIS and EOIR will consider several hardship factors: 

• The nature and extent of your physical or psychological consequences of abuse;
• The impact of your loss of access to the United States courts and criminal justice system;
• The likelihood that your batterer’s family, friends, or others in your home country would physically or psychologically harm you or your children;
• The needs of you or your children for social, medical, mental health, or other supportive services for domestic violence victims that are not available or reasonably accessible in your home country;
• The existence of laws and social practices in your home country that would punish you or your children because you are a victim of domestic violence or took steps to leave an abusive household; and
• Your ability to travel to your home country and the ability and willingness of authorities in your home country to protect you and your children from future abuse.