When you apply for protection under the Violence Against Women Act (VAWA), USCIS conducts a thorough investigation by reviewing the documents and any other proof you provide to confirm you qualify for relief under the law.
VAWA offers protection to individuals who have suffered abuse at the hands of a U.S. citizen or permanent resident spouse, parent, or child, giving them a pathway to seek legal status independently, without relying on their abuser.
Understanding what USCIS looks for during this investigation can help you prepare, ease any concerns, and make the application process less intimidating. Below, we explain the key aspects of how USCIS investigates VAWA applications and what you can expect along the way.
Review of Initial Petition and Evidence
When reviewing a VAWA petition, USCIS carefully examines Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with the supporting documentation submitted by the applicant. This typically includes:
- Proof of your relationship to the abuser: This could include marriage certificates or documentation proving a parent-child relationship.
- Evidence of abuse: This might be police reports, medical records, affidavits, photos of injuries, or counseling records.
- Proof of shared residence: Documents like lease agreements, utility bills, or joint bank statements show that you lived with the abuser.
- Evidence of good moral character: This is usually supported by a criminal background check or affidavits from people who know you well.
USCIS understands that survivors of domestic violence may not always have access to traditional forms of documentation to prove their claims. Survivors may have been isolated, intimidated, or prevented from seeking assistance. While VAWA evidence can strengthen your case, a detailed and honest personal declaration can sometimes be enough to prove your claim.
How Does USCIS Gather This Information?
USCIS primarily relies on the documents and evidence you submit with your application. However, they may take additional steps to verify your case:
- Document Verification: USCIS may cross-check your records from previous immigration filings, like visa applications or marriage petitions, to verify the consistency of your claims.
- Background Checks: As part of their due diligence, USCIS will conduct background checks on you to document your criminal and immigration history. This helps them assess your good moral character and confirm your identity.
- Public Records Review: USCIS may examine public records to clarify or corroborate the information you provide.
USCIS does not contact your abuser, or anyone related to them during the investigation. Confidentiality is central to the VAWA process, and your safety is a priority. This means:
- Your abuser is not alerted about the application.
- Your information is kept confidential and protected under VAWA provisions.
However, USCIS may contact individuals you have identified as witnesses to your abuse or shared residence—like friends, neighbors, or professionals who can provide additional evidence of your circumstances, but only with your consent.
Will USCIS Require an Interview?
Interviews are not always required for VAWA cases. However, if there are discrepancies or questions about the information you have provided, USCIS may schedule an interview. These interviews are conducted by officers trained to handle sensitive cases with care.
If you are asked to interview, our attorneys can help you prepare so that you feel confident and ready to share your story
Requests for Additional Evidence: RFE and NOID in the Investigation Process
If USCIS determines that more information is needed during their review, they may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID):
- Request for Evidence (RFE): An RFE is issued if there are gaps or if specific documentation is missing. It is a formal request for additional details or proof to support your case, such as more detailed evidence of abuse or clarification on the relationship.
- Notice of Intent to Deny (NOID): A NOID is issued when USCIS believes the current evidence may not meet the approval criteria. It provides a final opportunity to address their concerns before the petition is officially denied.
Our team can help avoid a VAWA denial by helping you strengthen your application and respond effectively to an RFE or NOID. By ensuring all necessary documents are in order, we can help protect your eligibility for relief under VAWA and give you the best chance of approval.
Contact Odunlami Law for a Confidential Consultation
At Odunlami Law, we understand the delicate nature of these applications and work closely with you to gather strong evidence, meet deadlines, and address any concerns USCIS may have. If you are ready to begin your VAWA application or need assistance addressing a challenge with an existing petition, please contact us.
A dedicated VAWA immigration lawyer at Odunlami Law is ready to listen, guide you, and fight for your right to safety and independence.
