If your Form I-130 (Petition for Alien Relative) has been denied, you may still be able to file a VAWA (Violence Against Women Act) self-petition. VAWA allows qualifying abuse victims to file a Form I-360 without the abuser’s knowledge or involvement. The key requirement is having a qualifying relationship with the abusive U.S. citizen or lawful permanent resident family member, such as a spouse, child, or adult son/daughter. Approval of the I-130 is not required to pursue VAWA. Many of our VAWA clients filed a VAWA when their spouse refused to attend the I-130 interview or intentionally sabotaged the I-130 process.

A prior I-130 denial does not automatically prevent you from filing a VAWA petition. However, USCIS may review the denial as part of your immigration history. Officers may ask questions about the relationship or your immigration intent. Providing clear evidence of abuse, the qualifying relationship, and good moral character is essential for a strong VAWA case. 

Working with an experienced immigration attorney can help address any issues raised by a prior I-130 denial. They can guide you through gathering the necessary evidence and presenting your case effectively.

If your I-130 was denied and you may qualify for VAWA relief, contact Agarwal Law Group to review your situation. Call us at 703-348-1663 to schedule a confidential case evaluation and learn more about your options under VAWA.

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