The Violence Against Women Act (VAWA) allows victims of abuse by a U.S. citizen or lawful permanent resident (LPR) family member to seek immigration relief without the abuser’s involvement. While VAWA provides critical protections, the self-petition process can be complex and may face obstacles that delay approval or cause denials if not handled carefully.

A major challenge is gathering sufficient evidence to meet VAWA’s eligibility requirements. Applicants must show a qualifying relationship and that they experienced battery or extreme cruelty. Evidence can include police and medical records, affidavits from witnesses, counseling notes, and documents showing cohabitation or a bona fide marriage. One key piece is the personal declaration, where the applicant describes the abuse in their own words. Preparing this declaration accurately and clearly is essential and requires careful wording to meet USCIS standards. The vast majority of our clients have received VAWA approvals with only the detailed declaration as proof of abuse.

Another challenge is meeting procedural and eligibility requirements. VAWA applicants must complete forms such as Form I-360 and, if adjusting status, Form I-485, along with supporting documentation. Errors like missing signatures, using outdated forms, or not responding to Requests for Evidence (RFE) can lead to delays or denials. Applicants must also demonstrate good moral character and that they lived with the abuser, which can be complicated if they left quickly for safety reasons.

Working with an experienced immigration attorney can help applicants understand eligibility requirements, organize evidence, and prepare a strong personal declaration. Proper preparation and support can improve the chances of successfully securing VAWA protections and moving forward safely.

If you or someone you know needs assistance with a VAWA application, contact Agarwal Law Group at 703-348-1663 to schedule a free case evaluation.

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