Many abused women stayed with their husbands in order to obtain permanent resident. To qualify for either of these, the abused spouse has to show that she is battered or suffers extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent, that she is of good moral character, and that she or her child will suffer extreme hardship if removed from the United States. For cancellation, she also has to prove three years of continuous presence in the United States. VAWA has helped many women, but the 1996 Immigration Act destroyed much of VAWA's power. Thus, an abused woman who has unlawfully been in the United States for more than a year will be subject to a ten year bar for reentry.
Some waivers apply to abused women, but they are very narrow.
Furthermore, many victims of domestic violence are unable to legalize their status because their spouse is deported. We had a woman at Casa Juan Diego who came to us badly battered. Her family and friends are all in the United States. She was married to an abusive legal permanent resident. However, her spouse was deported for battery and thus lost his status as a legal permanent resident.