VAWA Updates

USCIS announced some alleged changes to the VAWA program on December 22, 2025. The Agency noted that there have been "alarming and unprecedented" changes to the program including a 360% increase in petitions and 259% increase in male petitioners.

In summary, USCIS will now more strictly interpret the statutory and regulatory provisions governing VAWA petitions. So-called "[p]olicy [h]ighlights" of the updated policy include:

• Codifies long-standing practices and gives a more detailed explanation of the provisions of VAWA that apply to USCIS adjudications.

• Streamlines and clarifies the expectations of submitted evidence and reduces the need for Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

• Reinforces the statutory mandate under INA 204(a)(1)(J) and the regulatory requirement at 8 CFR 103.2(b)(2)(iii), that the determination of what evidence is credible and what weight to be given that evidence is within the sole discretion of USCIS.

• Requires a self-petitioner to establish he or she entered into a good faith marriage1 with the alleged abuser by providing primary evidence of the marital relationship including, but not limited to, a legally valid marriage certificate, proof of the legal termination of all prior marriages, and bona fide evidence of the relationship.

• Highlights requirements of initial evidence and provides clearer explanation of the “any credible evidence” provision.

• Adds clarifying language related to good faith marriage and separation.

• Corrects terminology throughout this comprehensive update to more closely align with the applicable statutory and regulatory language (for example, USCIS removed the term “polygamy” from the discussion of intended spouses as the statute specifies only the term “bigamy”).

• Clarifies current USCIS application of statutory bars as written at INA 204(c), for fraudulent marriages, and INA 204(g), for eligibility to apply as VAWA self-petitioners.

• Elaborates on, clarifies, and provides additional context for how USCIS considers the “battery and extreme cruelty” and “good moral character” requirements during adjudication of VAWA self-petitions.

• Revises policy to require that the self-petitioner reside with the abuser during the qualifying relationship.

• Amends the policy relating to the termination of a step-relationship upon death of either the biological or legal parent or child such that the self-petitioner must provide evidence that the relationship with the surviving abusive parent or child continues after filing.

Main takeaway: expect USCIS to deny more petitions which will lead to more federal litigation. Contact us today to discuss your options.