Aggravated Felonies

The Violence Against Women Act (VAWA)[433] benefits undocumented spouses and children who are abused by a U.S. citizen or permanent resident spouse or parent.  Significant improvements were made to VAWA relief in a bill passed on January 5, 1996,[434] and in another enacted on October 28, 2000.[435]  These bills were enacted to prevent abusive citizens and residents from using their immigration status as a means of holding their spouse or child “hostage” (e.g., by refusing to help them immigrate or threatening to call the immigration authorities on them if they try to leave) by giving the abused spouse or child means of lawful immigration independent of the abuser.  There are two ways to obtain permanent residence under this law: self-petitioning and a special form of cancellation of removal (similar to the former suspension of deportation).  In some cases a spouse or child can obtain permanent residence as part of another abused relative’s application, even if the spouse or child was not directly abused.  There is also a special waiver for noncitizens convicted of certain domestic violence offenses,[436] if the offense was connected to the abuse of the applicant.  See § 2.38(C), infra. 

[433] The VAWA was part of the 1994 Violent Crime Control and Law Enforcement Act, P.L. 103-322, § 40701 (Sept. 13, 1994).

[434] Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. No. 109-162, 119 Stat. 2960 (Jan. 5, 2006).

[435] Individuals who become eligible for VAWA suspension or cancellation because of the VAWA 2000 changes can move to reopen their proceedings.  All VAWA applicants can move to reopen proceedings within one year of entry of final order, or longer in extraordinary cases.

[436] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).