Cancellation of removal is available for battered spouses/children should they meet the eligibility requirements. However, some requirements may be difficult to meet without the help of an attorney. With a legal professional at your side, you would be better equipped to be approved for cancellation of removal under the eligibility requirements for battered spouses/children in Doraville. Call today to learn more.
Can Battered Spouses or Children Apply for Cancellation of Removal?
There are separate requirements for battered spouses trying to obtain a cancellation of removal. In order to acquire this benefit, the applicant must have been battered or subject to abuse by their lawful permanent resident or US citizen spouse or parent. If the applicant is a child, they are required to show that their US citizen or lawful permanent resident parent battered or abused them. Also, instead of ten years of continuous physical presence, they only need to show three years or more of continuous physical presence, and that they have demonstrated good moral character during that period. They may also be required to demonstrate that they have not been convicted of certain offenses under immigration law.
In addition to these requirements, if the applicant can demonstrate that their deportation would result in extreme hardship to a child or parent, they may be able to obtain cancellation of removal under the guise of extreme hardship.
What Does Extreme Hardship Mean?
Under cancellation of removal for battered spouses and children, applicants only need to show extreme hardship would occur to a qualifying relative. Therefore, the standard of extreme hardship is less than the standard for exceptional and extremely unusual hardship. The extreme hardship factors for this case must be taken into consideration by the judge on a case-by-case basis
In cancellation of removal for battered spouses, for example, if they are claiming extreme hardship to their US citizen children, a judge would consider if there is anyone else who can take care of your children, the financial impact on a child if they are deported, health conditions of the child, and lack of access to the same educational and medical facility abroad.
Is Evidence or Documentation Necessary for Showing Battery Offenses?
An applicant could use almost anything to prove that they have been battered. Generally, police reports are given heavyweight in a courtroom because they are official government agency documents. An attorney should also include a statement from the person who has been battered explaining the incidents of abuse and the effects that it has had on them
If there was physical abuse, photographs of the harm should be included, as well as any medical records. Applicants could also include any statements from witnesses who have seen the abuse or who have the knowledge and have been helpful during any incidence where the applicant was abused.
Benefits of Hiring an Attorney
Our attorneys work to ensure that they do everything possible to get a person’s case approved. Our attorneys also have overwhelming experience working with people who have been abused by their spouse or other members of their family. They understand the trauma and the long-lasting effect that the abuse has on people
Surviving abuse is a lifetime journey. It is a very difficult process. The more people you have on your side rooting for you and helping you throughout the process, the sooner you could start living a better life. To learn more about the eligibility requirements for battered spouses/children in Doraville, be sure to get in touch today.