Can I file VAWA again after denial?
Asked by: Mrs. Ella Hartmann | Last update: February 7, 2026Score: 4.2/5 (40 votes)
Yes, you can often refile a VAWA self-petition after a denial, especially if the denial was due to your abuser's actions (like refusing to cooperate or interview) or new evidence has emerged; however, it's crucial to address the reasons for the initial denial, gather stronger evidence (especially for a good-faith marriage), and ideally consult an immigration attorney, as simply refiling without changes may not succeed and you also have options to appeal or file motions, notes The Law Firm of Moumita Rahman and Avvo.com.
Can I reapply for VAWA?
A person can submit a second application, however, there is typically not a grace period. Additionally, if there has not been a material change in the circumstances surrounding a person's case and they are going to submit the same body of evidence if they apply again, it is generally not advisable.
What is the 2 year rule for VAWA?
This is an amendment allowing self-petitioning eligibility for spouses and children of abusive U.S. Citizens or Legal Permanent Residents if the abuser lost his or her status "related to" or "due to" domestic violence during the two-year period immediately preceding the petition.
What disqualifies you from VAWA?
The grounds of inadmissibility that carry special provisions for VAWA self-petitioners include: public charge at INA § 212(1)(4)(C)(i), crimes involving moral turpitude, multiple criminal convictions and prostitution at INA § 212(h), fraud or misrepresentation at INA § 212(i), unlawful presence at INA § 212(a)(9)(B)( ...
Can you get deported if your VAWA is pending?
Protection from Deportation While Pending
While your VAWA petition is pending, USCIS generally does not deport you. Many applicants also apply for work authorization, which gives temporary protection.
FILING FOR VAWA AFTER A PRIOR DENIAL
What evidence helps a VAWA case?
The VAWA requires proof that you lived with the abuser. Leases that include both of your names, shared utility bills, notes from your landlord or neighbors, school records and other documents that include both of your names can be used as evidence.
Can I remarry after VAWA denied?
Approval of your I-360 changes the rules. Once USCIS approves the self-petition, you may remarry without undoing the protection you earned. The approved classification stands on its own; a new marriage does not cancel the VAWA decision or force you to start over.
How many months is VAWA approved?
For many VAWA applicants, the road to legal permanent residence is lengthy and complex. Here's what to expect: VAWA I‑360 self‑petition: ~41.5 months for adjudication. Adjustment of Status (I‑485): roughly 12–24 months after approval.
Is it better to appeal or reapply?
The decision between reapplying and appealing largely depends on individual circumstances: If you believe there was an error in your original claim, or if you have new evidence that could change the outcome, appealing is typically the better route.
Will I be deported if my green card is denied?
Starting February 28, 2025, if USCIS denies your immigration application and you have no other valid immigration status, they can automatically issue a Notice to Appear (NTA)—officially starting deportation proceedings.
What is the denial rate for VAWA?
VAWA Denial Trends and Approval Rates
USCIS data show VAWA outcomes vary by eligibility category, and that matters when you're planning evidence and timelines. In FY2021, adjudications for spousal self-petitioners resulted in 6,766 approvals and 3,755 denials (about a 36% denial share across all VAWA I-360s that year).
Can I file a VAWA without evidence?
What kind of evidence does an applicant need to submit? VAWA applicants can base their petition for relief on any “credible evidence.” Objective documentary evidence of abuse such as police reports or conviction records may not be necessary.
How to make a strong VAWA case?
Supporting documentation to prove your VAWA case
- Proof of your abuser's US citizenship or green card status, including their naturalization certificate, birth certificate, or green card.
- Proof that you lived in the United States unless your abuser works for the US government or armed services abroad.
What is strong evidence for USCIS?
Stronger versus weaker evidence
USCIS considers some documents as more convincing proof of a real relationship. Here are examples of strongest evidence and weaker evidence, ranked, to serve as a guide: Strong evidence: Joint bank account, life insurance, wills, joint leases, joint utilities.
What is weak evidence in a domestic violence case?
Every domestic violence case relies on the prosecution providing ample evidence. Some examples of weak evidence include no witnesses, no physical proof, and the accuser's story being self-conflicting or changing over time.
Who is at the highest risk of being deported?
The reality is that most people facing deportation are arrested for civil immigration violations: entering without inspection, overstaying a visa, or having a prior removal order. These are not criminal offenses but administrative violations of immigration law.
Can I travel with VAWA pending?
Traveling while your VAWA petition is pending is risky and not recommended unless you have been granted advance parole. If you leave the U.S. without this special permission, USCIS may consider your application abandoned, and you could be denied reentry.
Can ICE stop a U.S. citizen?
ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person's citizenship status. Understanding what to do if ICE stops you and you are a US citizen is essential to protecting your rights.