VAWA in immigration court
Being in removal proceedings does not close the VAWA door. An immigration judge can grant VAWA cancellation of removal, can wait for USCIS to decide a self-petition or a U visa, and can review a denied I-751 abuse waiver. A survivor with an old removal order has a special motion to reopen with its own deadline. This page maps each one.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Abusers use immigration court as a threat: if you leave, I will have you deported. Sometimes they follow through with a call. If you are now in proceedings, the case is not about the abuser any more. It is between you and the government, in front of a judge, and several protections written for survivors apply inside it.
For the requirements of the court case and the USCIS self-petition side by side, read VAWA with USCIS or VAWA in immigration court.
Everything below assumes you have a lawyer. Do not concede anything or sign anything at a hearing until you do. If you were arrested or charged with a crime, including on a complaint the abuser made, read arrested or charged first and talk to your criminal lawyer before writing anything down.
What the judge can do, and what USCIS decides
| Remedy | Who decides | Authority |
|---|---|---|
| VAWA cancellation of removal | The immigration judge | INA 240A(b)(2) |
| VAWA self-petition | USCIS, while the court case continues | INA 204(a)(1) |
| I-751 abuse waiver | USCIS first; the judge reviews a denial | INA 216(c)(4)(C); Matter of Stowers, 22 I&N Dec. 605 (BIA 1999) |
| U visa | USCIS only; the judge can wait for it | INA 214(p); Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012) |
| VAWA motion to reopen | The immigration court or the Board, after a final order | INA 240(c)(7)(C)(iv) |
| Waiver of the domestic-violence deportability ground | Decided in the removal case | INA 237(a)(7) |
VAWA cancellation of removal
Under INA 240A(b)(2), an immigration judge can cancel removal and grant a green card to a person who was battered or subjected to extreme cruelty by a U.S. citizen or green card holder spouse or parent, or who is the parent of a child abused by one. It asks for 3 years of continuous physical presence, good moral character, no disqualifying criminal or other ground, and extreme hardship to you, your child or your parent. Unlike the self-petition, extreme hardship is an element here. Unlike other cancellation, the Notice to Appear does not stop the 3-year clock (INA 240A(d)(1)(A), (b)(2)(A)(ii)); an offense under the stop-time rule still does (INA 240A(d)(1)(B)), as of October 2026. The details are on VAWA cancellation.
A self-petition filed alongside the court case
The VAWA self-petition is filed with USCIS whether or not you are in court. A person with an approved VAWA self-petition may adjust status even without inspection and admission or parole, under the opening clause of INA 245(a). For a person in proceedings, the self-petition and cancellation are often pursued together, so that if one stalls the other is still moving.
A denied I-751 abuse waiver
If USCIS denied a battered-spouse I-751 waiver and you were placed in proceedings, the judge can review the denial under Matter of Stowers, 22 I&N Dec. 605 (BIA 1999).
A U visa or T visa pending with USCIS
The judge cannot grant a U visa or a T visa. Under Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), a judge should generally continue proceedings for a U petition that is prima facie approvable. A filed petition with its receipt and the signed certification is what that looks like.
After a removal order: the VAWA motion to reopen
INA 240(c)(7)(C)(iv) gives a survivor seeking VAWA cancellation, or a self-petition as a spouse or child, a motion to reopen of their own. It may be filed within 1 year of the final order, and that deadline can be waived for extraordinary circumstances or extreme hardship to a child. The usual one-motion limit does not prevent one such motion, and you must be physically present in the United States. See the VAWA motion to reopen.
Charged as the abuser: the 237(a)(7) waiver
Survivors are sometimes arrested in the same incident, or charged on a complaint the abuser made. INA 237(a)(7) provides a waiver of the domestic-violence deportability ground for a person who was battered or subjected to extreme cruelty and was not the primary perpetrator, if the judge also finds self-defense, a violation of a protection order meant to protect them, or a crime with no serious bodily injury connected to the abuse. See the domestic-violence waiver, and talk to your criminal lawyer before writing anything down.
Detained
If you or someone you love is in ICE custody, the first questions are about getting out and keeping the case alive. Read detained survivors.
Arrested at a shelter or a protection-order hearing
Under INA 239(e), when an enforcement action happens at a domestic-violence shelter, a rape crisis center, a supervised visitation center, a family justice center, a victim-services provider, a community-based organization, or a courthouse where you are appearing in a protection-order, custody or other abuse-related case, the Notice to Appear must state that the government complied with 8 U.S.C. 1367. See enforcement at protected places.
Fees and the cap
The government filing fee for Form EOIR-42B, the cancellation application, is $1,640 as of September 2026 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. None of that is our legal fee. Check the EOIR forms and fees page before filing. VAWA cancellation counts against the annual cap of 4,000 grants under INA 240A(e)(1) and (e)(3), so a grant can wait for a number.
Your address in the court file
The court and DHS need a way to reach you, and missing a hearing has serious consequences. If your address must stay private, tell your lawyer before anything is filed. Do not leave your court mail at an address the abuser controls. The safe filing checklist covers safe mail.
Every page in this section
- VAWA cancellation of removal
- The VAWA motion to reopen
- The domestic-violence waiver, INA 237(a)(7)
- Arrested or charged
- Detained survivors
- Enforcement at protected places
Removal defense in general: the Notice to Appear, the hearings, and every other form of relief the judge can grant.
How removal proceedings work →
icebail.comFinding someone in ICE custody, bond hearings, and federal habeas corpus.
Detention and bond →
Read next: VAWA cancellation, the VAWA motion to reopen, when the abuser called ICE, or how your information is protected.
Common questions
Can I still file a VAWA self-petition if I am in removal proceedings?
Yes. The self-petition is filed with USCIS whether or not you are in proceedings. For a person in court, the self-petition and VAWA cancellation are often pursued together, and the judge can be asked to give USCIS time to decide.
Will the abuser be called as a witness or told about my case?
We never contact the abuser. Under 8 U.S.C. 1367(a)(2), DHS and the Justice Department, which runs the immigration courts, may not disclose information about a VAWA, T or U applicant to anyone, with limited exceptions. Under 1367(a)(1), they may not make an adverse determination of admissibility or deportability using information furnished only by the abuser or the abuser's family, unless you have been convicted of a crime listed in INA 237(a)(2).
I already have a removal order. Is it too late?
Not necessarily. INA 240(c)(7)(C)(iv) gives a motion to reopen to a survivor seeking VAWA cancellation or a spouse's or child's self-petition. It may be filed within 1 year of the final order, with that deadline waivable for extraordinary circumstances or extreme hardship to a child, and the usual one-motion limit does not prevent one such motion. You must be physically present in the United States.
The abuser called ICE on me. What now?
Tell your lawyer exactly what happened and when. Under 8 U.S.C. 1367(a)(1), the government may not make an adverse determination of admissibility or deportability using information furnished only by the abuser, unless you have been convicted of a crime listed in INA 237(a)(2). That rule does not stop anyone from calling ICE, which is the firm's reading of the statute. The page on when the abuser called ICE covers the next steps.
The lawyers who will handle your case
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