If you apply under the Violence Against Women Act (VAWA) by filing a self-petition (Form I-360), you may wonder: If my petition is denied, will I be deported? The answer depends on your immigration status. A denial does not automatically result in deportation, but it can increase the risk if you do not have lawful status.

If you already have a valid immigration status, such as a visa, a VAWA denial does not cancel that status. You may remain in the U.S. legally until your current status expires. However, if you are undocumented or have overstayed, a denial may make you vulnerable to removal proceedings. USCIS may refer your case to Immigration and Customs Enforcement (ICE), which could issue a Notice to Appear in immigration court.

Not every denial leads to deportation. The risk depends on your individual circumstances, such as immigration history, criminal background, or evidence of fraud. If your petition is denied due to insufficient evidence, there may be no immediate enforcement action. In many cases, it is possible to file an appeal or a motion to reopen or reconsider the petition if new evidence is available. If you find yourself in removal proceedings, it may be possible to argue VAWA cancellation of removal in front of the immigration judge.  

Even if a VAWA petition is denied, you may qualify for other forms of immigration relief. Options can include alternative humanitarian visas or other immigration pathways, depending on your situation.

Key point: A VAWA petition denial ends the protections and benefits of VAWA. For those without lawful status, it may increase the risk of deportation. It is important to submit a well-prepared petition and consult an immigration attorney to assist in preparing a strong VAWA application from the start.  

For help or guidance on VAWA, please contact our office at 703-348-1663 to schedule a free case evaluation.

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