VAWA in deportation proceedings: cancellation, motions to reopen, arrests and detention

VAWA cancellation of removal

VAWA cancellation lets an immigration judge cancel removal and grant permanent residence to a survivor of abuse (INA 240A(b)(2)). You must show:

1. That you were battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or permanent resident, or that you are the parent of a child abused by such a parent. An intended spouse, who married in good faith but whose marriage was invalid only because of the abuser's bigamy, also qualifies (INA 240A(b)(2)(A)(i)).
2. 3 years of continuous physical presence immediately before the application (INA 240A(b)(2)(A)(ii)).
3. Good moral character during that period (INA 240A(b)(2)(A)(iii)).
4. That you are not inadmissible under INA 212(a)(2) or (3), not deportable under 237(a)(1)(G), (2), (3) or (4) (the deportability limits are subject to the 237(a)(7) waiver authority in paragraph (5)), and have no aggravated felony conviction (INA 240A(b)(2)(A)(iv)).
5. That removal would cause extreme hardship to you, your child or your parent (INA 240A(b)(2)(A)(v)).

The judge must consider any credible evidence (INA 240A(b)(2)(D)).

The 3-year clock

In other kinds of cancellation, service of a Notice to Appear can stop the clock (INA 240A(d)(1)(A)). VAWA cancellation is different. The statute says the issuance of a charging document does not toll the 3 years, and the stop-time rule's notice prong expressly excepts VAWA cancellation applicants (INA 240A(b)(2)(A)(ii); 240A(d)(1)(A)). The offense prong still applies: the period ends when you commit an offense referred to in INA 212(a)(2) that makes you inadmissible or removable (INA 240A(d)(1)(B)). The offense stops time when it is committed, not when there is a conviction (Matter of Perez, 22 I&N Dec. 689 (BIA 1999)).

Absences connected to the abuse do not break continuous presence, and connected time does not count toward the 90-day or 180-day limits. But that excluded time does not count toward the 3 years either (INA 240A(b)(2)(B)).

Good moral character, and the abuse connection

The statutory bars to good moral character are in INA 101(f). For VAWA cancellation there is an exception: an act or conviction that does not otherwise bar relief does not bar a good moral character finding if it was connected to the battery or extreme cruelty and a waiver is otherwise warranted (INA 240A(b)(2)(C)). Two or more DUI convictions during the period create a presumption against good moral character (Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)).

Limits

• The general cancellation bars in INA 240A(c), including the bar on anyone previously granted cancellation, suspension of deportation or 212(c) relief, by their text apply to subsections (a) and (b)(1), not to VAWA cancellation under (b)(2). Tell your lawyer about any earlier grant of relief.
• Grants count against a cap of 4,000 a year (INA 240A(e)(1), (e)(3)).
• The government filing fee for Form EOIR-42B is $1,640 for filings postmarked on or after February 1, 2026 ($100 to EOIR plus $1,540 added by the 2025 reconciliation law), plus a $30 biometrics fee (EOIR Forms and Fees page; 91 FR 2561). None of it is a legal fee. A related work permit application under 8 C.F.R. 274a.12(c)(10) and Form I-824 carry no USCIS fee for VAWA cancellation applicants (8 C.F.R. 106.3(b)(8)).

If cancellation is granted, the statute directs parole for the applicant's child, or for the parent of a child who was granted it (INA 240A(b)(4)(A)).

Published VAWA cancellation decisions include Lopez-Birrueta v. Holder, 633 F.3d 1211 (9th Cir. 2011), on threats and control; Da Silva v. Attorney General, 948 F.3d 629 (3d Cir. 2020), on court review of an extreme cruelty finding; and Ruiz v. U.S. Attorney General, 73 F.4th 852 (11th Cir. 2023). None was our client. See VAWA cancellation and real cases.

The VAWA motion to reopen

If you already have a final removal order, a special motion to reopen can bring the case back for VAWA relief. It applies to relief based on a VAWA self-petition (INA 204(a)(1)(A)(iii), (iv), (B)(ii), (iii)), cancellation under 240A(b), or former INA 244(a)(3) (INA 240(c)(7)(C)(iv)). The abused-parent petition under INA 204(a)(1)(A)(vii) is not on that list. The conditions:

• It is filed together with the cancellation application or a copy of the self-petition.
• It is filed within 1 year of the final order. The judge can waive that limit for extraordinary circumstances or extreme hardship to your child.
• You are physically present in the United States when you file.
• The usual one-motion limit does not block one such motion.

The most misunderstood point is the stay. Filing stays removal only for a person who is a "qualified alien" under 8 U.S.C. 1641(c)(1)(B), and only if the motion establishes that status. For that person, the stay lasts through final disposition, including appeals (INA 240(c)(7)(C)(iv), closing sentence). Anyone else may need to ask for a stay separately. See the VAWA motion to reopen.

If you or a family member is detained

Detention compresses every deadline. The VAWA tools above remain available, but the case moves faster and evidence is harder to gather from inside. What to do first:

1. Get a lawyer involved immediately, and give them the person's full name, date of birth and the facility.
2. Do not sign anything you do not understand, including a stipulated removal order or voluntary departure papers, without a lawyer.
3. Tell the lawyer about the abuse early. It may change which relief is available and how the case is presented.
4. Ask someone safe to gather documents from outside, without going through the abuser.

Your information in a VAWA, T, U or VAWA cancellation case is protected by the federal nondisclosure rule, with limited exceptions (8 U.S.C. 1367(a)(2)). That rule does not stop anyone from calling ICE; that is our reading of its scope. Read VAWA confidentiality under 8 U.S.C. 1367 and detained survivor.

Read next: VAWA in immigration court, VAWA cancellation, the VAWA motion to reopen, or detained survivor.