Criminal Defense of Immigrants

(C)  Domestic Violence Waiver.  VAWA 2000 added a waiver for victims of domestic violence convicted of certain domestic violence offenses and deportable on domestic violence grounds.[339]  See § 24.30(G), infra.  This waiver can also be used to avoid being barred from cancellation of removal for non-lawful permanent residents, and special VAWA cancellation.[340]  This waiver waives the crime and, in the case of non-LPR cancellation, the Good Moral Character bar caused by the crime.[341]  See § 22.5(F), supra.

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

[340] See INA § 240A(b)(5), 8 U.S.C. § 1229b(b)(5), added by the Violence Against Women and Department of Justice Reauthorization Act of 2005 § 813(c), Pub. L. No. 109-162, 119 Stat. 2960 (Jan. 5, 2006).

[341] Id.