What kind of proof do you need for VAWA?
Asked by: Grayson Watsica | Last update: February 7, 2026Score: 4.5/5 (24 votes)
VAWA (Violence Against Women Act) evidence proves abuse, a qualifying relationship, and good faith marriage, requiring documents like police/medical records, photos, affidavits, and court orders for abuse, plus joint leases, tax forms, and photos for the relationship/residence, all to show extreme cruelty or battery occurred within a valid, honest marriage, not just for immigration, say USCIS, Tahirih Justice Center, and The Mendoza Law Firm.
What makes a strong VAWA case?
Your highly-detailed written testimony or declaration is the first evidence that is recommended to submit in a VAWA case. When you are preparing a VAWA case, it's important to include details on declarations, to mention the difficulties, to explain the problems and how they affect you emotionally.
What qualifies you for VAWA?
VAWA (Violence Against Women Act) eligibility allows certain abused spouses, children, or parents of U.S. citizens or lawful permanent residents (LPRs) to self-petition for immigration relief (like a green card) by proving battery or extreme cruelty, a qualifying relationship, residency with the abuser, and good moral character, without the abuser's knowledge, offering protection, work authorization, and a path to residency for survivors of domestic violence, sexual assault, or stalking.
Why does VAWA get denied?
Not Submitting Enough Proof of a Bona Fide Marriage
Failure to do so will result in your VAWA application being denied. Fraudulent marriages entered into for immigration purposes only will not qualify for VAWA. Evidence of a bona fide marriage varies per application.
How does USCIS investigate VAWA?
While personal affidavits are powerful, they are most effective when supported by other forms of evidence, such as medical records and police reports. USCIS investigates VAWA cases by reviewing these affidavits alongside all submitted documentation to assess the credibility and consistency of the claims.
What Evidence Do You Need For VAWA Petition? Immigration Lawyer Answers
How much evidence is needed for VAWA?
At a bare minimum, you should include the following information: A personal declaration that describes your relationship with the abuser and details any abuse suffered. Any police clearance records or other evidence that demonstrates you are of good moral character. A clear copy of your passport or birth certificate.
How fast can VAWA be approved?
VAWA processing times (Form I-360) are lengthy, averaging 2 to 3 years (24-36 months) for the initial approval, with some sources citing up to 31 months for abused spouses and around 23.5 months for abused parents, though it can vary significantly by case, workload, and category, with the total journey to a green card often taking 3 to 5 years. Delays are common due to evidence requests, high application volumes, background checks, and staffing issues, with some estimates suggesting 80% of cases may take over 41 months.
Can I get deported if my VAWA is denied?
What Happens Right After a VAWA Denial? The good news is that a denial does not automatically mean you'll be deported. However, it can increase the chance that immigration authorities will issue a Notice to Appear (NTA), which places you into removal (deportation) proceedings.
How do you win a 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 happens once VAWA is approved?
Once your VAWA (Violence Against Women Act) petition is approved, the next step is applying for a Green Card, also known as lawful permanent residency. The process involves submitting Form I-485, the Application to Register Permanent Residence or Adjust Status.
Can I file a VAWA without a lawyer?
Can You File A VAWA Self-Petition Without A Lawyer? A VAWA self-petition allows individuals seeking legal status in the United States to file alone by applying to the U.S. Citizenship and Immigration Service (USCIS).
Who pays for VAWA?
The Violence Against Women Act (VAWA) requires rental property providers who receive funding from many U.S. Department of Housing and Urban Development (HUD) housing programs, including Emergency Solutions Grants (ESG) Program–funded Rental Assistance, to offer certain protections to all tenants.
Do you need a police report for a VAWA?
No Police Report Required: It is important to note that a police report is not a mandatory requirement for VAWA eligibility; other forms of evidence can be sufficient. Criminal Record: A criminal record does not automatically disqualify an applicant, though it may complicate the process.
What not to say at immigration?
“I've been denied a visa before.” “I'm still figuring out my immigration status.” “I don't have proof of medical examinations or vaccination proof.” “I don't know how to comply with visa conditions during my stay.”
Why do most domestic violence cases get dismissed?
Domestic violence charges are often dismissed due to insufficient evidence, lack of cooperation from the victim, or procedural issues that undermine the prosecution's case. These factors can significantly impact the legal outcome of such cases.
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)( ...
Who is at the highest risk of being deported?
Those at the highest risk of deportation are non-citizens with criminal convictions, especially for serious offenses, but also undocumented individuals, visa overstayers, and those who violate immigration laws; however, recent trends show many facing removal for minor infractions or civil violations like illegal entry, with authorities prioritizing public safety threats but also enforcing broader rules.
Does VAWA forgive deportation?
VAWA Cancellation is a form of immigration relief that allows certain victims of abuse to avoid deportation and apply for a green card. The Violence Against Women Act (VAWA) is a U.S. federal law. A person does not have to be a woman to apply for VAWA Cancellation.
How long is VAWA taking in 2025?
According to USCIS reports from January 2025, 80% of VAWA petitions are processed in approximately 41.5 months. However, the timeline for receiving a green card after approval varies depending on how your case was filed, processing backlogs, and the workload of your local field office.
Can I travel if my VAWA is approved?
Yes, a beneficiary under VAWA can travel outside the United States once advance parole is approved, but must do so with maximum caution and always with prior legal authorization. Many people under VAWA protection are in the process of seeking to adjust status to obtain lawful permanent residency.
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 USCIS see your texts?
This means many applicants must disclose their social media accounts voluntarily as part of their application. Private messages are generally not accessible without legal authorization, but posts visible to friends or public audiences are subject to review.
Can USCIS visit your home?
The only time USCIS sends the fraud unit to people's homes is to check whether the marriage is legitimate. After the visit, they'll review the immigration officer's report to see if there are fraudulent activities or violations that require further investigation.
Can USCIS check your WhatsApp?
immigration authorities can and do monitor public social media posts, they generally cannot access private chats like those on Facebook, WhatsApp, or Instagram without a warrant or your consent.