When filing a VAWA (Violence Against Women Act) immigration claim for U.S. residency, you must submit Form I-360 to USCIS with evidence proving you meet eligibility requirements, including that you were a victim of abuse. Recognizing the challenges VAWA self-petitioners may face in providing traditional forms of evidence, such as police reports or medical records, USCIS applies a flexible “any credible evidence” standard to evaluate claims.
Meeting this standard often requires creative problem-solving. At Odunlami Law, we are committed to helping individuals gather compelling evidence to support their cases. Whether it’s witness statements, personal affidavits, or other unconventional proof, our experienced attorneys guide you through every step to make sure your rights are protected.
What Is the "Any Credible Evidence" Standard?
Many VAWA applicants may have limited access to important documents or fear retaliation if they attempt to collect proof of their abuse.
To address this, USCIS follows an “any credible evidence” approach. This means that applicants can submit non-traditional evidence, provided it is credible, relevant, and reliable. If official paperwork isn’t available, things like text messages, affidavits, or personal testimony are still considered.
This standard also recognizes that abuse can take many forms, including emotional, financial, and psychological abuse, which can be harder to document. By accepting alternative types of evidence, USCIS ensures all victims, regardless of their situation, have a fair opportunity to present their case.
What Are the Key Types of Evidence I Can Use in a VAWA Claim?
Here is what you might need to support your VAWA application:
Proof of Relationship to the Abuser
To qualify for VAWA, you must show that you were in a relationship with a U.S. citizen or permanent resident. Some of the most common evidence includes:
- Marriage certificate: This is the most direct proof, but if your abuser controls this document, other types of proof can be provided.
- Affidavits: A sworn statement from someone who can vouch for your relationship can help if you lack a marriage certificate.
- Photos or joint documents: Pictures of you together, joint bank accounts, or shared utility bills can also support your claim.
Evidence of the Abuser’s U.S. Citizenship or Legal Status
If official documents like birth certificates or passports are inaccessible, you can prove your abuser’s U.S. citizenship or permanent resident status through:
- Public records: This could include things like voter registration or tax records.
- FOIA requests: If applicable, a Freedom of Information Act request can help gather information about the abuser’s legal status.
Proof of Joint Residency
One of the important aspects of a VAWA petition is proving that you and your abuser lived together for some time. This could be validated through:
- Leases: A signed lease showing that both of your names were on the lease can be strong evidence.
- Utility bills or mail: Documents that show both of you were responsible for paying bills or receiving mail at the same address.
- Affidavits: If official documents are not available, a statement from a landlord, neighbor, or someone who knew you both can help.
Proving a Good-Faith Marriage
For VAWA claims based on marriage, proving that the marriage was entered into in good faith (and not for immigration purposes) is essential. Even if your abuser controlled access to certain documents, there are still ways to demonstrate that your marriage was real:
- Shared children: If you have children together, this can demonstrate that the relationship was real.
- Joint memberships or contacts: Shared memberships like gym subscriptions or emergency contact information for children that lists both of you can also serve as evidence.
Proving Abuse
The hardest part of a VAWA claim can be proving the abuse, especially if there are no police reports, medical records, or other official documentation. But there are still several ways to provide evidence:
- Messages and communications: Text messages, emails, social media posts, or even call logs can show the emotional or physical abuse.
- Witness statements: Friends, family members, or colleagues who saw or heard about the abuse can provide sworn affidavits.
- Personal testimony and photographs: Personal accounts of what happened, along with photos of any visible injuries or damage, can be powerful evidence. Even if you do not have physical evidence of abuse, statements about emotional or financial abuse are valid under VAWA and can be supported through personal testimony.
Overcoming Challenges in Gathering Evidence for a VAWA Claim
While it is common for abusers to obstruct access to traditional documentation, there are many other ways to prove your case using less traditional means.
An experienced VAWA immigration attorney at Odunlami Law can guide you in locating alternative forms of evidence that fit the “any credible evidence” standard. With our support, you can build a strong and compelling case to support your VAWA claim.
