Why does VAWA get denied?

Asked by: Prof. Ned Thompson  |  Last update: February 3, 2026
Score: 4.8/5 (25 votes)

VAWA (Violence Against Women Act) petitions get denied primarily due to insufficient evidence of abuse or a qualifying relationship, failure to prove a "good faith" marriage, lack of evidence for shared residency, issues with the petitioner's good moral character, or procedural errors like using wrong forms or missing deadlines. Denials often stem from vague affidavits, lack of documentation (police reports, therapy records, bills, etc.), invalid previous divorces, or inconsistencies with prior immigration filings.

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)( ...

Why would a VAWA case be denied?

Insufficient Proof of Abuse

Even in 2025, USCIS denies many petitions because the evidence is vague, inconsistent, or minimal. Officers reviewing a VAWA application want detailed, credible proof of domestic violence or extreme hardship caused by an abusive family member.

Is it hard to get approved for VAWA?

VAWA (Violence Against Women Act) isn't inherently "hard" to get if you qualify and provide strong evidence, but approval can be challenging due to lengthy processing times (often years) and USCIS scrutiny requiring extensive documentation of abuse, good faith marriage (for spouses), and shared residency, with errors or missing proof often causing delays or denial. The main hurdles are gathering sufficient evidence (like police/medical records, therapy notes) and navigating USCIS's detailed review, especially for complex cases or those with insufficient corroboration, though it offers significant protections and exemptions from many inadmissibility bars. 

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 to Do If Your VAWA Application Is Denied

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What proof is needed for VAWA?

Proof of Relationship and Good Faith Marriage

Evidence of “residence with abuser” plus: Marriage certificates. Birth certificates of children together. Wedding photos and other photos of spouses together (before and after wedding)

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.

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.

What percentage of VAWA cases get approved?

Overall Approval Trends

Historically, VAWA petitions have averaged about a 70–75% approval rate. USCIS data shows that approval is mandatory if all eligibility requirements are met—meaning the key factor is the strength of the evidence provided.

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.

What is the most common reason for visa refusal?

Let's dive into it.

  1. Reason 1: Errors in the Application. One of the primary reasons for travel visa denial are errors in the application. ...
  2. Reason 2: Lack of Sufficient Documentation. ...
  3. Reason 3: Inadequate Interview Performance. ...
  4. Reason 4: Doubts on Intent to Return. ...
  5. Reason 5: Previous Visa Violations.

Can I file VAWA again after denial?

A person can submit a second application, however, there is typically not a grace period.

What do visa officers look at?

They're going to see your education. They're going to see your prior travel history. They're going to see your family members in the U.S. All these questions that you've answered when you fill out your DS-160. That's information that the visa officer is going to see when they review it.

What crimes does VAWA forgive?

Some examples of crimes that the VAWA visa may forgive include:

  • Minor offenses like petty theft. ...
  • Minor traffic violations. ...
  • Possession of controlled substances in small amounts. ...
  • Immigration law violations. ...
  • Self-defense.

What is the 2 year rule for VAWA?

The VAWA 2-year rule allows abused spouses, children, and parents of U.S. citizens or Lawful Permanent Residents (LPRs) to self-petition for immigration relief (like a green card) up to two years after a qualifying event, such as divorce or the abuser's death, if the termination of status or marriage was connected to the abuse. It's a critical deadline for those whose marriages have ended, requiring them to file within 24 months of the final divorce decree or spouse's death to show the divorce/death was linked to the battery/cruelty, with no extensions available. 

How do you win a VAWA case?

Supporting documentation to prove your VAWA case

  1. Proof of your abuser's US citizenship or green card status, including their naturalization certificate, birth certificate, or green card.
  2. Proof that you lived in the United States unless your abuser works for the US government or armed services abroad.

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 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.

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.

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 USCIS do a background check on a petitioner?

USCIS Runs Background Checks on U.S. Petitioners of Spouses and Fiancés. If a U.S. citizen or LPR with one of the relevant crimes on their record submits a USCIS Form I-130 petition for their spouse to start the immigration process (or an I-129F petition for a fiancé), the U.S. government will in all likelihood deny it ...

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.

What makes a strong domestic violence case?

A strong domestic violence case relies heavily on corroborating evidence beyond just testimony, including physical proof (injury photos, medical records, damaged property), digital evidence (texts, emails, screenshots), official reports (police, hospital), and credible witness accounts, all working to build a clear narrative of abuse that meets the "beyond a reasonable doubt" standard, often by showing patterns or contradicting false claims. 

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

What are the five reasons for dismissal?

What are the fair reasons for dismissal?

  • Dismissal for misconduct. One of the five reasons for fair dismissal of an employee is for their conduct whilst at work. ...
  • Capability dismissal. ...
  • Redundancy. ...
  • Statutory restriction. ...
  • Dismissal for some other substantial reason (SOSR)