The U.S. Citizenship and Immigration Services (USCIS) announced on Monday, December 22nd, that they are updating the guidance on the implementation of the Violence Against Women Act (VAWA) program in Volume 3 of the USCIS Policy Manual. The aim is to combat welfare fraud and ensure that genuine survivors of domestic violence receive the assistance they need.
During the fiscal years from 2020 to 2024, there has been a significant increase of approximately 360% in the total number of self-petitions on the VAWA I-360 form, with a 259% increase in male self-petitioners.
Interestingly, the announcement highlighted that while the eligibility requirements for VAWA self-petitions have remained unchanged for many years, new application trends have emerged. The number of VAWA self-petitions received each year has generally kept pace with the growth rates of other immigration benefits.
Furthermore, since 2020, there has been an unprecedented surge in the number of VAWA applications. The characteristics of foreign individuals submitting VAWA self-petitions have also undergone significant changes.
In addition to the rise in male self-petitioners, USCIS found that from the fiscal year 2020 to 2024, there was a 2239% increase in the number of parents submitting VAWA self-petitions, a group not traditionally associated with VAWA applications.
The announcement expressed concerns about the abuse of the VAWA program by ineligible foreign individuals, leading to severe processing delays and jeopardizing the interests of legitimate victims.
The unprecedented nature of these trends has raised worries, prompting USCIS to plan on “clarifying policies and requirements for foreign nationals submitting VAWA self-petitions.” This will ensure better maintenance of program integrity, combat fraudulent activities, and manage the VAWA program as intended by Congress.
USCIS emphasized prioritizing the fairness of legal procedures and using the Violence Against Women Act as a resource to assist foreign survivors of abuse, including women and others facing mistreatment.
The updated policy aims to address the trends in application submissions, enabling the conviction of relevant fraudulent cases under the VAWA program.
USCIS will strive to ensure that the policy guidelines comply with the legal requirements established by Congress, providing enforcement officers with the necessary tools to make accurate law enforcement decisions.
The revised policy will include measures such as compiling longstanding practices into law, offering more detailed explanations of VAWA provisions applicable to USCIS decisions, simplifying evidence submission requirements, reducing requests for evidence, and notices of intent to deny, among others.
Further modifications will enhance the statutory authority of the Immigration and Nationality Act (INA) section 204(a)(1)(J), granting USCIS the autonomy to determine the credibility and weight of evidence provided.
Requirements will also be adjusted, mandating applicants to cohabit with the abuser during the qualifying intimate relationship period and provide direct evidence of the marital relationship to establish the genuineness of their past marriage with the alleged abuser.
Additionally, changes will address the termination of step-parent relationships upon the death of biological parents or legal parents or children, necessitating self-petitioners to prove the continuous relationship with the surviving abusive parents or children post-application submission.
The updated policy guidelines apply to VAWA applications submitted on or after December 22, 2025.
The Violence Against Women Act was enacted in the United States in 1994, targeting female victims of domestic violence and sexual violence initially. Subsequent revisions expanded protections to include spouses of U.S. citizens or lawful permanent residents facing abuse, as well as children abused by parents, and parents abused by children. The definition of “abuse” under VAWA extends beyond physical violence to encompass sexual violence or coercion, psychological/mental abuse, emotional manipulation, economic control, threats, intimidation, stalking, and more.