USCIS Policy Update for VAWA Self-Petitioners

U.S. C itiz ens hip a nd I mm igrat ion Ser vices Office of the Dire ctor Camp Sp ring s, MD 20588 - 0009 Decemb er 22, 2025 PA -2025-33 Policy Alert SUBJECT: Violen ce Agai nst Wom en Act Purpose U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCI S Policy Manual to clari fy po licies and requi remen ts for alien s seek ing cl assifi cation as a Viol ence Agains t Women A ct (V AWA) sel f - petitioner. Background The USCIS Policy Manual provides guidance for the public and USCIS officers regarding the eligibility requirements and policies governing VAWA self-petitions. Certain aliens who have a qualifying relationship to a U.S. citizen (USC) or lawful permanent resident (LPR), and have been subject to bat tery or ex tre me cruel ty, may be el igibl e for a V AWA sel f -petition. If approved, and the alien mee ts other eligibili ty re quireme nts, self -petitioners may be eligible for lawful permanent residenc e. Ali ens fil e the Pe tition for Amerasian, Widow(er), or Special Immigrant (Form I -360) t o apply. This guidance, contained in Volume 3 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlig hts • Codifies long-standing practices and gives a more detailed explana tion of the provisions of VAWA that apply to USCIS adjudications. • Streamline s and clari fies the expectations of submitted evidence and reduces the need for Requests for Evidence (RFEs) or Notices of Intent to D eny (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.

PA -2025-33: Violence A gains t Women A ct Page: 2 • Requi res a self -petitioner to establish he or she entered into a good faith marriage 1 with the alleged abuser by providing primary evidence of the marital relationship including, but not limited to, a le gally valid marria ge certif icate, proof of the lega l termination of all prior marriages, and bona fide evidence of the relationship. • Highlights requirements of initial evidence and provid es clear er expl anatio n 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 ”). • Clarifie s current USCI S applica tion of statuto ry bars as w ritten at INA 204(c), for fraudulent marriages, and INA 204(g), for eligibility to ap ply as VAW A self - pe titioners. • Elaborat es on, cl arifi es, a nd provides additional context for how USCIS considers the “battery and ex treme cruel ty” and “g ood mo ral ch aract er” requ irem ents d urin g adjud icatio n 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. Summary of Changes Affected Secti on: Vol ume 3 > P art D > Violen ce Agai nst Wom en Act • Revises Par t D (Viole nce Against Wome n Act) in its entirety. USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 3: Humanitarian Protection and Parole, Part D, Violence Against Women Act 3 US C IS - PM D . 1 See 8 CFR 204.2(c) (2)(ii). Th is does not i mpact t he requi reme nts for i ntende d spous es. The updat e does n ot chan ge the polic y or re quireme nt t hat a self - petiti oning spo use mus t ha ve a legal ly va lid mar riage to hi s or he r abus ive US C or LPR s pouse at the ti me the pet it ion is filed, e xcept f or the sta tutory exe mpti ons to t his requi rement.

PA -2025-33: Violence A gains t Women A ct Page: 3 Additional Considerations USCIS is providing clarification and explaining how USCIS has always applied these terms, eligibility requirements, and statutory bars. This update highlights regulatory and statutory language describing the battery and extreme cruelty requirement including explanations provided within the preamble to the 1997 Interim Rule. 2 Specifically, it provides clarifying language that USCIS must look to the motivation and the impact of the alleged harm, not merely the question of whether or not hurtful conduct occurred. Similarly, while the USCIS Policy Manual currently refers to “any credibl e evid ence”, t he 1 997 Inte rim Ru le repe ated ly refer enced “an y rel evant credibl e evid ence.” 3 This update places an emphasis on the relevant, probative, and credible nature of the evidence the self -petitioner should subm it. USCIS will continue to apply the definition of battery and extreme cruelty under 8 CFR 204.2(c)(1)(vi) and 8 CFR 204.2(e)(1)(vi), and officers will continue to consid er any cr edible evid ence in th e total ity o f the ci rcumst ances. Thes e edi ts are nec essary to assist the public in submitting more complete evidence and reduce the need for RFEs, which in turn contributes to processing d elays. Additionally, this policy elaborates on how USCIS considers information related to an alien’s good moral ch aracte r. Good mo ral char acter det erm inati ons are mad e on a c ase -by- cas e basi s, usi ng th e standard of the average citizen of the community. This clarification in the policy update does not change the policy, but instead provides guidelines and explanation regarding how USCIS assesses this information. This policy update remove s lang uage stating that USCIS does not deny a VAWA self -petition solely for failure to submit certain evidence of good moral character. However, the burden of proof rests with the self-petitioner, not USCIS. An affidavit is primary evidence of good moral ch aracte r, but USCIS r etain s sole d iscreti on to determ ine what evid ence i s cred ible and the weight to be given that evidence. 4 USCIS may request additional evidence as appropriate. Affida vits that lac k sufficien t detail, spe cific ity, and reliab ility will alwa ys be co nsidered by officers, but may not be afforded a significant amount of weight in the Form I -360 adjudication compared to other evidence in the record. Further, USCIS requires the self- petitioner to reside with the abuser during the qualifying relationship. This is a shift from USCIS’ previous policy allowing the sel f - petitione r to have re sided with th e abuser in the pa st. USCI S believes tha t this interpr etation best aligns with the plain language of INA 204(a)(1)(A)(iii)(II) (CC)(dd) wh ile preserving program integrity and continuing to protect qualifying victims. USCIS ame nded the polic y rela ting to the te rmination of a s tep -relationship upon the 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. USCIS believes this change in policy best impleme nts the lang uage and intent of the statute, will assist U SCIS in ensuring the benefits for VAWA are applied to the appropriate population designated by Congress, and will ensure the integrity of the program. USCIS is not changing its evidentiary requirement regarding submission of any credible evidence. The requirement that VAWA self-petitioners do not have to demonstrate that primary or secondary evidence is unavailable has not changed. This update 2 See Petition to Class ify Alien as Immed iate Relative o f a United States Citizen or as a Pref erence I mmigran t; Self Peti tioning for C erta in Bat tere d or Abus ed Spous es and Chi ldren, 61 FR 130 61 (Ma r. 26, 1 996). 3 See Petition to Class ify Alien as Immed iate Relative o f a United States Citizen or as a Pref erence I mmigran t; Self Peti tioning for C erta in Bat tere d or Abus ed Spous es and Chi ldren, 61 FR 130 61 (Ma r. 26, 1 996). 4 See INA 204(a)(1)(J). See 8 CFR 103.2(b)(2)(i ii).

PA -2025-33: Violence A gains t Women A ct Page: 4 significantly restructures the section about any credible evidence to help aliens submit the best evidence with the initial submission and to provide clearer guidance regarding how officers should evaluate the evidence submitted. USCIS is not changing agency practice regarding the applicability of any credible evidence under INA 204(a) (1)(J), but it is providing clarification to officers and the public on the requirements, burden of proof, and sufficiency of evidence. USCIS considered the reliance interests and retroactive impacts of applying the above listed changes to the policy at Volume 3, Part D, Violence Against Women Act, to VAWA self -petitioners with pending self- petit ions. USCIS d etermin ed that t hese ch anges m ay adv ersel y imp act som e self -petitioners, but interests in program integrity and aligning with the statutory language of the Violence Against Women Act and reg ulat o ry requirements, outweigh any such reliance interests and retroactive impacts.