The Violence Against Women Act (VAWA) offers a crucial pathway to lawful permanent residency (a Green Card) for survivors of domestic violence who are married to, or were married to, abusive U.S. citizens or Lawful Permanent Residents (LPRs), or who are the abused children or parents of such individuals.
Applying for VAWA self-petitioning (Form I-360) is a complex and deeply personal process. While a successful petition brings relief and a path forward, receiving a denial can be devastating. However, a denial is rarely the end of the road. It is essential to understand the reasons for the denial and the legal options available to you.
Why Might a VAWA Petition Be Denied?
The U.S. Citizenship and Immigration Services (USCIS) bases its decision on strict legal criteria. If your VAWA I-360 petition is denied, it is usually due to one or more of the following common issues:
1. Failure to Meet Statutory Requirements
VAWA requires you to prove specific elements. A denial may occur if USCIS determines you failed to adequately prove:
- Qualifying Relationship: That you are/were married to, the child of, or the parent of an abusive U.S. citizen or LPR.
- Abuse: That you or your child suffered battery or extreme cruelty (this is a broad legal term that goes beyond physical violence and includes emotional or psychological abuse).
- Good Moral Character (GMC): That you meet the GMC standard. Certain criminal convictions or immigration violations can jeopardize this requirement.
- Residency with the Abuser: That you resided with the abuser at some point (residency does not need to be concurrent with the abuse).
- Bona Fide Marriage (for spousal petitions): That you entered the marriage in good faith, not solely for immigration purposes (even if the marriage ended in divorce).
2. Insufficient Evidence
VAWA cases are challenging because the abuse often occurs in private. The burden of proof rests on the petitioner. A denial may result if:
- The documentation provided (e.g., police reports, medical records, affidavits, therapist notes, divorce decrees) is deemed insufficient, inconsistent, or lacks corroboration.
- Your personal statement, while important, is not supported by enough objective evidence.
3. Issues with “Good Moral Character”
VAWA requires continuous GMC for the three years immediately preceding the filing of the I-360 petition. If you have past issues, such as certain criminal convictions, a history of drug or alcohol abuse, or specific immigration fraud findings, USCIS may find you ineligible.
Your Options After a VAWA Denial
If you receive a Notice of Decision denying your I-360 petition, you typically have two primary options: Appeal or Motion to Reopen/Reconsider. The best path depends on the reason for the denial.
1. Filing an Appeal (Form I-290B)
If you believe the USCIS officer made a mistake in applying the law or interpreting the facts you submitted, you can file an appeal with the Administrative Appeals Office (AAO).
Feature | Details |
|---|---|
Purpose | To challenge a legal or factual error made by USCIS in the initial review. |
Timing | Generally, you must file the appeal within 30 days of receiving the denial notice. |
New Evidence | The AAO will review the case based on the evidence that was already in the file at the time of the denial. Limited new evidence is usually only accepted if it directly addresses a procedural error. |
Strategy | An appeal is best used when you are confident that the evidence you originally submitted already met the legal requirements, and the USCIS officer simply misinterpreted it. |
2. Filing a Motion to Reopen or Reconsider (Form I-290B)
A Motion is an alternative to an appeal, filed directly with the USCIS office that issued the denial.
Type | Purpose and Strategy |
|---|---|
Motion to Reopen | Used when you have new, material evidence that was not available or could not have been presented at the time of the initial filing. This is often the best option if the denial was due to insufficient evidence. |
Motion to Reconsider | Used when you believe the USCIS decision was based on an incorrect application of law or policy, and you can demonstrate that the decision was erroneous based on the evidence already submitted. |
Timing | Similar to an appeal, you typically have 30 days from the date of the denial notice to file. |
3. Filing a New VAWA Petition
If the denial was due to factors you can now correct (e.g., gathering stronger evidence, resolving a GMC issue that has since passed the three-year mark), you are permitted to file a completely new VAWA I-360 petition.
- When to Consider This: If the denial was due to overwhelming lack of evidence or a temporary eligibility issue that has been resolved.
- Key Consideration: Filing a new petition means restarting the entire waiting process.
4. Considering Other Immigration Options
A denial of a VAWA petition does not mean all hope is lost. Depending on your individual circumstances, other options may be available, such as:
- U Visa: For victims of certain crimes (including domestic violence) who cooperate with law enforcement. This is often a strong backup plan for VAWA denial cases.
- T Visa: For victims of human trafficking.
- Asylum: If you fear persecution in your home country.
- Special Immigrant Juvenile Status (SIJS): If you are an abused, neglected, or abandoned child under 21.
The Importance of Legal Counsel
The period immediately following a VAWA denial is critical. You have a very limited window (usually 30 days) to file an appeal or a motion.
Navigating the appeal process without legal assistance is extremely difficult. An experienced immigration attorney can:
- Analyze the Denial Notice: Pinpoint the exact legal and factual reasons USCIS gave for the denial.
- Determine the Best Strategy: Advise whether an Appeal, a Motion to Reopen, or a new filing is the most strategic path.
- Gather Supplemental Evidence: Help compile the necessary new evidence or legal arguments required for a successful motion or appeal.
If your VAWA petition has been denied, do not lose hope. Contact our firm immediately to discuss your case and explore your options for continuing your journey toward safety and lawful residency.
