Can I Apply for VAWA if I Have a Criminal Record?

Many survivors worry that past mistakes will prevent them from obtaining critical protections under the Violence Against Women Act (VAWA). However, having a criminal record does not automatically bar you from applying or being approved for VAWA. The United States Citizenship and Immigration Services (USCIS) recognizes that survivors often face complicated personal histories and that protection should not be denied based solely on past offenses. Instead, they review each case, carefully balancing public safety concerns with the imperative to protect vulnerable individuals. At Odunlami Law Firm, our goal is to support your pursuit of safety and legal status with thoroughness and compassion. Schedule a confidential consultation to see how we can help.

Discretionary Review by USCIS: Balancing Safety and Compassion

VAWA petitions undergo what is called “discretionary review.” This means USCIS officers do not simply tick boxes; they weigh all factors in your case. Your criminal record will be examined, but it is never considered in isolation. USCIS looks at:

• The nature and severity of your criminal history,
• The abuse you suffered and the impact on your life,
• Your character since the offenses occurred, including evidence of rehabilitation or positive change.

In many cases, the abuse and the challenges surrounding it explain or mitigate past mistakes. With strong legal representation, it is often possible to show USCIS why you still deserve protection under VAWA.

Disqualifying vs. Non-Disqualifying Offenses: How Criminal History Impacts Eligibility

When reviewing a VAWA self-petition, USCIS looks at whether the applicant can show “good moral character.” This includes reviewing any criminal history from the past three years. Some serious crimes may create problems, but under VAWA, USCIS must also consider whether the abuse contributed to the situation and whether the applicant has shown rehabilitation.

Non-disqualifying offenses might include:

• Minor offenses or infractions, such as traffic violations
• Certain single “petty offense” convictions under immigration law, such as shoplifting
• Juvenile adjudications, since these are generally not treated the same way as adult convictions
• Conduct related to the abuse, where USCIS may consider a waiver if you show the connection and evidence of rehabilitation

Disqualifying offenses often involve:

• Violent crimes or offenses involving physical harm, for example, certain assault or domestic violence convictions
• Serious drug-related crimes, such as drug trafficking
• Serious crimes suggesting a risk to public safety, such as aggravated felonies or multiple crimes involving moral turpitude

Every case is unique, and it’s wise to consult an experienced immigration attorney to review your specific history and advise you on your options.

Demonstrating Rehabilitation: A Key Factor in Overcoming Criminal History Concerns

Rehabilitation is one of the most powerful tools to overcome concerns arising from a criminal record. USCIS wants to see that you have taken concrete steps to turn your life around since your conviction.

This can include:

• Successfully completing court-ordered or voluntary counseling or rehabilitation programs
• Maintaining steady employment or education
• Participating in community service or volunteer work
• Receiving letters of recommendation from employers, counselors, clergy members, or community leaders who can attest to your character and personal growth

This evidence helps USCIS see beyond your past and consider your current character, which can make a difference in your VAWA petition’s outcome.

How Odunlami Law Firm Can Help

Because of the complex interplay between criminal history, immigration law, and USCIS discretion, having an experienced VAWA lawyer can be the difference between approval and denial.

An attorney at Odunlami Law can:

• Help assess how your criminal record might impact your case.
• Guide you on gathering and presenting compelling evidence of rehabilitation and abuse, as well as any other evidence needed for a VAWA case.
• Prepare legal arguments that highlight USCIS’s discretion to approve your petition despite past offenses.
• Ensure your case complies with all filing requirements and deadlines.
• Respond to Requests for Evidence (RFEs) or attend interviews with a clear, well-supported case built around your truth.

Without legal guidance, survivors risk having their applications denied unnecessarily. Legal representation helps you present the strongest possible case to USCIS and improves your chances of obtaining protection and relief.

Contact An Immigration Lawyer At Odunlami Law Today

The Violence Against Women Act (VAWA) is not just a legal provision; it is a lifeline for countless victims trapped in abusive relationships with no clear path to safety. This groundbreaking legislation recognized the unique struggles faced by immigrants who are vulnerable to abuse by their U.S. citizen or lawful permanent resident spouse or parent.

At Odunlami Law, we are deeply committed to helping you through this process, ensuring that you feel supported, heard, and empowered. Reach out today for a confidential consultation.