The Violence Against Women Act (VAWA) allows certain abused family members of U.S. citizens or lawful permanent residents to self-petition for legal status without the abuser’s involvement. A VAWA self-petition (Form I-360) is a pathway to obtaining a green card for foreign nationals who have a qualifying relationship with a U.S. citizen or green card holder and who have suffered abuse in that relationship.
Despite the name, VAWA protections are not limited to women – men, children, parents, stepchildren, and other relatives can also qualify as VAWA self-petitioners if they meet the requirements. An approved VAWA self-petition confers an immigrant classification that enables the victim to apply for lawful permanent residence (a green card), either through adjustment of status in the United States or consular processing abroad.
Unfortunately, many VAWA cases face strict scrutiny: for example, in FY 2023, out of nearly 29,000 VAWA petitions filed by abused spouses, only about 7,000 were approved – illustrating a high denial rate under the stringent standards for this relief. Below, we examine the eligibility criteria, common reasons for denial of VAWA immigration petitions, and what steps to take if a VAWA petition is denied.
Eligibility Criteria for a VAWA Self-Petition
To file a VAWA self-petition and avoid an easy denial, you must properly file Form I-360 and demonstrate several key eligibility criteria:
Qualifying Relationship:
You are the spouse, parent, or child* of an abusive U.S. citizen or lawful permanent resident (LPR). (Examples: an abused spouse of a U.S. citizen/LPR, a parent abused by a U.S. citizen son/daughter aged 21+, or a child under 21 abused by a citizen/LPR parent.) If you believed you were legally married but your abusive spouse was a bigamist, you may still qualify as an “intended spouse.
Battery or Extreme Cruelty:
During the relationship, you suffered abuse – this can be physical battery or “extreme cruelty” (which includes severe non-physical abuse). You must show that you were subjected to battery or extreme cruelty by a U.S. citizen or LPR relative. The abuse need not be physical; VAWA covers emotional abuse, psychological, sexual, financial, and other forms of domestic violence as well. Courts and USCIS interpret “extreme cruelty” broadly to protect victims – even rape or serious psychological harm by a spouse can qualify as extreme cruelty under VAWA’s immigrant protections.
Residence with the Abuser:
You are required to have lived with the abusive family member for some period. Shared residence (past or present) must be proven with evidence such as leases, utility bills, or other documents showing you jointly resided with the abuser (affidavits from neighbors, school records, etc. can substitute if official proof is unavailable).
Good Moral Character:
You must show that you have been a person of good moral character, generally for the three years preceding the filing. This means a clean criminal record or only minor infractions. Serious crimes, fraud, or violations can undermine good moral character and lead to ineligibility. (Even minor offenses can raise questions, so evidence of rehabilitation or an explanation may be needed if you have any record.)
Good-Faith Marriage (if applicable):
If your VAWA case is based on marriage to an abusive spouse, you must additionally prove that the marriage was entered in good faith (bona fide), not solely for immigration benefits. This typically requires evidence of a genuine marital relationship (e.g. marriage certificate, joint bills, children together, photos, etc.) and that any prior marriages were legally terminated. A good-faith marriage is crucial; if, for example, an earlier divorce wasn’t final and made your marriage invalid, or if USCIS suspects marriage fraud, the self-petition will be denied.
Common Reasons for VAWA Petition Denials
U.S. Citizenship and Immigration Services (USCIS) may deny a VAWA self-petition if the applicant fails to meet the legal criteria or if the application is incomplete or not credible. Some common reasons for denial of VAWA petitions include:
Insufficient Proof of Abuse:
Vague, minimal, or unconvincing evidence of battery or extreme cruelty risks denial. Relying only on a personal statement is risky. Include corroboration (police or medical reports, photos of injuries, witness affidavits). For psychological/emotional abuse, add credible proof of impact (letters from therapists or domestic violence advocates).
No Qualifying Relationship / Invalid Marriage:
You must prove you’re the spouse, child, or parent of the abuser (marriage/birth certificates). Invalid marriages (e.g., bigamy, missing divorce decrees) or failure to prove a good-faith (bona fide) marriage lead to denial. Missing/inconsistent relationship evidence (no marriage certificate, no joint leases/finances) raises red flags.
Lack of Shared Residence Evidence:
You must show that you resided with the abuser at some point. If traditional proof is missing, use alternatives (neighbor affidavits, school/medical records listing the abuser’s address, mail to both, photos at the residence). No proof = denial of the VAWA residency requirement.
Good Moral Character Issues:
Must show good moral character (generally 3 years). Serious convictions or fraud can cause denial; even minor offenses can draw scrutiny. Disclose history and submit police clearances and character letters.
Insufficient or Missing Evidence (General):
Missing proof for any element (relationship, cohabitation, good-faith marriage, abuser’s U.S. citizen/LPR status) can sink a case. USCIS may issue an RFE or NOID; inadequate/late responses lead to denial.
Filing Errors / Procedural Problems:
Wrong forms/addresses/signatures, missed deadlines (e.g., two-year window after divorce; child ages out), or missed biometrics/interview can cause rejection/abandonment. Use the latest form; Form I-360 (VAWA) has no filing fee; confirm the correct service center and receipt details.
Fraud or Misrepresentation:
False statements or fraudulent evidence (including marriage fraud) trigger denial and potential bars to benefits or removal proceedings. Be honest; explain gaps rather than exaggerate.
In summary, a VAWA petition can be denied for anything that undercuts eligibility or credibility: not fitting the legal criteria, not providing credible evidence, or not following procedures. By understanding these common pitfalls, VAWA self-petitioners can better prepare their cases to meet USCIS requirements and avoid a denial.
Options After a VAWA Petition Denial
If USCIS denies your VAWA self-petition (Form I-360), it’s important not to panic; denial is not the end of the road. You generally cannot appeal a VAWA denial to an immigration judge since it’s a petition decided by USCIS, but you do have several administrative recourses and the possibility to refile. Here are the main legal options after a VAWA denial:
File a Motion to Reopen:
This is a request for USCIS to review the decision again with new evidence that was not previously submitted. A motion to reopen is appropriate if the denial was due to a lack of evidence or documents that you now have available. For example, if your case was denied for insufficient proof of abuse, you can gather additional supporting documents (such as newly obtained police reports, medical letters, affidavits, etc.) and ask USCIS to reopen the case. The motion must state the new facts to be provided and include the new evidence.
Timeline: Generally must be filed within 30 days of the denial. If granted, the same USCIS office will then re-adjudicate your petition with the new evidence.
File a Motion to Reconsider:
This is a request for USCIS to reconsider its decision based on a claim of legal error. It does not introduce new evidence, but argues that the denial was incorrect as a matter of law or policy. You might file a motion to reconsider if you believe the USCIS officer misapplied the law or overlooked something already in the file. For instance, if your denial stated you weren’t eligible due to a divorce being more than 2 years old, but in fact you filed within the 2-year limit, that’s a legal error to point out. In a motion to reconsider, you cite the laws, regulations, or policy manual sections that support your case.
Appeal to the Administrative Appeals Office (AAO):
If you disagree with the denial and a motion to reopen/reconsider is not suitable or was tried and failed, you can appeal to USCIS’s Administrative Appeals Office. The AAO independently reviews certain types of USCIS decisions, including I-360 VAWA denials. An AAO appeal focuses on whether the USCIS decision was correct based on the record; new evidence generally is not allowed on appeal (unlike a motion to reopen). The appeal is filed on Form I-290B with a brief explaining the errors in the denial. The AAO may overturn the denial or uphold it. The appeal process takes a few months – recently, about 91.9% of AAO completions for I-360 VAWA petitions were finished within 180 days, so roughly 6 months on average. If the AAO denies the appeal, the original denial stands, but you may still have the option to file a brand-new petition thereafter.
Re-file a New VAWA Petition:
In some cases, rather than contesting the denied petition, it may be strategic to submit a fresh VAWA petition addressing the shortcomings of the first. There is no limit to filing again (unless you no longer meet the time/relationship criteria). A re-filed petition can be prepared with much stronger evidence and explanations. For example, if your initial case was denied for lack of a good-faith marriage evidence and missing documents, a new petition can cure those by including abundant proof of your life with your spouse and a cover letter explaining how this petition overcomes the prior denial issues. The advantage of refiling is that you get a clean slate; the disadvantage is that you generally start the waiting period over. In some situations (like imminent removal proceedings), refiling might not be practical without other protections. It’s wise to consult an experienced immigration attorney to decide if refiling or pursuing a motion/appeal is the best course in your scenario.
What If You’re in Removal Proceedings?
A VAWA denial is stressful, especially if you’re out of status and in removal (deportation) proceedings, but relief may still be available in immigration court.
VAWA Cancellation of Removal (INA §240A(b)(2))
A defense to removal for abused immigrants. You must show battery or extreme cruelty by a U.S. citizen/LPR spouse or parent, 3 years of continuous presence, good moral character for 3 years, and extreme hardship to yourself/child/parent if removed. If granted, you receive permanent resident status (green card). Numbers are limited, and the hardship standard is a strict document of health, financial dependence, trauma, etc.
Adjustment of Status via New/Approved VAWA I-360
You can file a new I-360 (or fix issues in the denied one) while in court. Ask the judge to continue (pause) proceedings while USCIS adjudicates. After I-360 approval (and if a visa is available), the judge can grant adjustment of status. Successful appeals/motions that flip the denial work the same way.
Tell the immigration court about any pending/planned VAWA filing. Meet court deadlines and the 30-day window for motions/appeals. Given the stakes, work with an attorney to coordinate USCIS and court steps.
How to Avoid a VAWA Denial: Tips for a Strong Petition
Preventing a denial in the first place is obviously the best outcome. While some factors (like statutory eligibility) are out of your control, many denials can be avoided with careful preparation and awareness of USCIS’s expectations. Here are some practical steps to strengthen your VAWA self-petition and improve its chances of approval:
Prepare Comprehensive Evidence Early:
From day one, gather proof of abuse (photos, police/medical records, restraining orders, shelter/counseling letters), relationship/shared life (marriage/birth certs, joint leases/bills/bank accounts, family photos), cohabitation (records showing same address), and good moral character (police clearances, community letters). Include a clear cover letter/index and detailed personal declaration (how you met, marriage, abuse incidents, when you lived together). Strong filing up front can preempt RFEs and meet the “any credible evidence” standard.
Avoid Technical Filing Errors:
Use the correct Form I-360 edition, complete and sign it. Note “VAWA Self-Petition – Fee Exempt.” Add required supplements (G-28 and I-485 if concurrently filing when a visa is available). Mail to the correct VAWA address (e.g., Vermont Service Center), keep proof of mailing, and confirm your USCIS receipt and classification. Track and answer any USCIS notices (RFE/NOID) by the stated deadline.
Address Good Moral Character Upfront:
Disclose any arrests/immigration issues or minor convictions. Provide explanations and rehabilitation evidence (program certificates, reference letters). For serious issues (e.g., fraud), consult about waivers. Proactive disclosure reduces GMC-based denials.
Respond Promptly to USCIS Requests:
Treat RFE/NOID as urgent. Answer fully and on time, point-by-point, with added evidence. If joint residence is questioned, use affidavits, mail to both, school/medical records, photos, and explain missing leases. Ignoring an RFE/NOID risks denial for abandonment.
Work with an Experienced Attorney/Advocate:
They can craft a compelling affidavit, organize evidence, make legal arguments (e.g., any credible evidence, weighing GMC factors), act quickly on RFEs/denials, and navigate VAWA confidentiality and adjustment timing. Nonprofits may offer resources or pro bono referrals.
Avoid VAWA Denials & Next Steps
Submit credible evidence, follow USCIS rules, and work with counsel to strengthen your VAWA self-petition. If denied, act within 30 days: file motions, an AAO appeal, or refile. In court, consider VAWA cancellation or adjustment after an approved I-360.
If this feels heavy, you’re not alone. The Chidolue Law Firm delivers clear strategy, careful filing, and steady follow-through.
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