USCIS Policy Clarifies VAWA Confidentiality Provisions

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 -2025-34 Policy Alert SUBJECT: Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the U SCIS Polic y Manual t o clarify the applicability of 8 U.S.C. 1367(a)(1) and (a)(2) provisions. This revision also resolves minor technical errors in previously published safe address procedures for ali ens prot ected under 8 U.S.C. 1367. Background USCI S has implemented provisions in the USCIS Policy Manual that provide guidanc e on proper handling and safe address procedures for aliens pr otected under 8 U.S.C. 1367. The confidentiality provisions at 8 U.S.C. 1367 protect information about aliens who have pending or approved victim - based immigr ation re lief, or in certain circumstances, when USCIS is aware of the intention to file an 8 U.S.C. 1367 initiating benefit requ est, specifically relief under the Violence Against Women Act (VAWA), such as Petition for Amerasian, Widow(er), or Specia l Immigra n t (Form I -360) VAWA self -petitions and Petition to R emove Conditions on Residence (Form I -751) (joint filing w aivers based on battery o r ext re me cruelt y), T nonimmigrant status applications, or U nonimmigrant sta tus petitions, as well as their derivat ives an d ben efici aries. Through this policy, USCIS is updating the application of 8 U.S.C. 1367(a)(1) and (a)(2). USCIS has not previously implemented the statutory requirement under 8 U.S.C. 1367(a)(1) to consider whether an alien h as be en convi cted o f a crim e or cri mes li sted u nder INA 237(a)(2) before establishing that the prohibited source protections apply. Further, USCIS has not previously limited prohibiti ons on use of information furnished solely by prohibited sources to adverse determinations of admissibility or deportability, as described in 8 U.S.C. 1367(a)(1). This policy also revises USCIS’ guidance interpr et ing that the confidentiality protections under 8 U.S.C. 1367 end at naturaliza tion. 1 While USCI S recogniz es that th is is a substantive s hift in both policy and practice, USCIS has determined it is necessary because prior USCIS policy is inconsistent with the sta tute and f ails to ensure that USCIS is ad judicating applica tions in a wa y that ensures t he integrity of the immigration system. Further, this update supports USCIS’ adherence to multiple provisions of Executive Order 14161, Protecting the United States From Foreign Terrorists and 1 See Cust omer Servi ce and I nte rpretat ion of 8 U.S.C. 1367 C onfident iali ty Prot ectio ns for U.S. Citizens, PA - 2024 - 15, issued June 12, 2024.

PA -2025-34: Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions Page: 2 Other National Security and Public Safety Threats (January 20, 202 5). 2 Additionally, this policy helps USCIS efficie ntly implemen t an anti - fraud st rategy while improving program integrity in 8 U.S.C. 1367-protected benefits. 3 Further, this guidance provides minor technical revisions to the previously updated guidance on mailing address procedures for protected aliens. 4 These minor revisions sup port protected aliens receiving correspondence from USCIS in a timely manner and ensure they can control whic h address USCIS uses to mail correspondence related to their benefit requests. This guidance, contained in Volume 1 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 • Clarifies the applicability and duration of protections under 8 U.S.C. 1367 gener ally, as well as how evidence submitted by, or about, the protected alien should be considered. • Explains the process where, under 8 U.S.C. 1367(a)(1), DHS considers whether an alien has been convicted of a crime or crimes under INA 237(a)(2) prior to making an advers e determination of admissibility or deportability of an alien under the Immigration and Nationality Act using information furnished solely by an alleged or confirmed abuser, trafficker, perpetrator of the qualifying crime committed against them, or another source listed under 8 U.S.C. 1367(a)(1)(A) – (F). • Confirms tha t, in alignm ent with 8 U.S.C. 1367, if DHS determi nes that an al ien has been convicted of a crime or crimes under INA 237(a)(2), or if DHS is not making an adverse determination regarding admissibility or deportability (for example, denial of a Form I-360, VAWA self -petition, a Form I-751, or an Application for Employment Authorization for Abused Nonimmigrant Spouse (Form I -765V)), the prohibited source protections provided under 8 U.S.C. 1367(a)(1) do not apply. • Explains that, solely in the context of evaluating 8 U.S.C. 1367(a)(1) prohibited source provision applicability, DHS does not consider any available waivers of inadmissibility. 2 See 90 FR 8451 (Jan. 3 0, 202 5). This directs fe deral agencies to, in part, “vet and s creen to the maximum degree possi ble all alie ns who int end t o be admitt ed, e nter, or are already i nside the U nited S tates.” It also directs federal agencies to “Eva luate a nd adj ust all exi sti ng regulat ions, p oli cies, procedures, a nd provis ions of the F orei gn Ser vice Manual, or guida nce of any ki nd pert aini ng to eac h of t he gr ounds o f inadmi ssi bilit y lis ted…” i n INA 212(a)(2) - (3) to ensure the continued safety and security of the American pe ople. This p olicy pr omotes thi s, and other recent Executive Orders, by ens uring that U SCIS Fraud Detection and National Security personnel, as well as adjudicating officers, are not unnec essa rily res tric ted fr om conside ring p otentially relevant informatio n within a record. 3 See, for example, GAO Report “Immigrat ion B enefit s: A ddit ional Ac tions Needed to A dd ress Fraud R isks in Program for For eign Nation al Victims of D omestic Abu se” (September 30, 2019). 4 See Safe Addres s and Spe cial Proce dures f or Pers ons Prot ect ed by 8 U.S.C. 1367, PA - 2023 - 14, issued April 11, 20 23.

PA -2025-34: Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions Page: 3 • Revis es USC IS procedures related to denaturalization of protected aliens, specifically, clarifying that USCIS reinstates 8 U.S.C. 1367 protections upon initiation (not consideration, as previously stated) of denaturalization proceedings. • Confirms that only adults can waive their confidentiality protections under 8 U.S.C. 1367(b)(4). • Explai ns that alien r egistr ation req uirem ents as wel l as chang e of ad dress requ irement s apply to aliens protected under 8 U.S.C. 1367. • Expands access to USCIS Contact Center to allow protected aliens’ attorneys and representatives to submit case inquiries and c larifi es safe mailing procedures for aliens who only provide USCIS with a physical address for correspondence. Summary of Changes Affecte d Section: Vo lume 1 > Part A > Ch apter 7, Privacy and Confidentiality • Revis es Section E (VAWA, T, and U Cases) in its entire ty. USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 1: General Poli cies and P rocedu res, P art A, Publ ic Serv ices, C hapt er 7, Privacy and Confidentia lity [1 US C IS - PM A.7 ]. Additional Considerations Relian ce Inter est USCIS recognizes that this policy and procedural shift may increase the need for officers to consider the credibility of additional and possible conflicting evidentiary sources a s well as the appropriate weight to assign to certain types of evidence (particularly in the event of conflicting evidence provided by a victim and their alleged or confirmed a buser). Further, USC IS notes that, depending on certain case- spec ific factors, this may eithe r positive ly or adver sely impac t anticipated processing times. Lastly, USCIS understands that, in certain cases, a petitioner or applican t may b e otherwise eligible for a waiver of inadmis sibility beca use the victim has sufficie ntly demonstr ated that a crime occ urred in the conte xt of the ir victimization (for e xample, if they were forced to commit a crime by their abuser or trafficker) but ultimately have the benefit request denied based on information provided solely by the abuser, trafficker, or another source of information listed under 8 U.S.C. 1367(a)(1). USCIS has thoroughly considered all these potential outcomes and has determined that they do not outweigh or negate the need for the agency to begin following the clear statutory language found at

PA -2025-34: Applicability of 8 U.S.C. 1367(a)(1) and (a)(2) Provisions Page: 4 8 U.S.C. 1367(a)(1). USCIS recognizes the statute clearly provides for an exception to 8 U.S.C. 1367(a)(1) where the alien has been convicted of a crime under INA 237(a)(2), and additionally, only requires the application of protections where an adverse determination of admissibility or deportability is being made. 5 Additionally, these changes are necessary to complete thorough and efficient vetting of, and investigations into, any fraud, national sec urity, or public safety risks identified through review of an alien’s record. As such, USCIS has determ in ed that impact ed aliens should be aware of t he st atuto ry requi remen ts and will not suffe r unfair su rpris e or harm in response to these policy and procedural changes. In individual cases, USCIS will continue to provide notice of derogatory information of which the petitioner or applicant is unaware and provide an opportunity to rebut the information and present information in his or her behalf before reaching a decision. 6 Additionally, officer s retain adjudicative discretion to weigh evidence as appropriate on a case -by- cas e basis. 5 See 8 U.S.C. 1367(a)(1), wh ich states that “…in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretar y of State, or any other official or employee of the De part ment o f Homeland S ecu rity or Depar tment of Stat e (inclu ding a ny bure au or a gency of eithe r of such Depa rtments), ma ke an a dverse det erminat ion o f admis s ibili ty or depo rtabil ity of a n a lien under the I mmigra tion and Nationality… unless the alien has been convicted of a cr ime or crimes list ed i n sect ion 237(a) (2) of the Immigr ation and Nati onalit y Act [8 U.S.C. 1227(a)(2)]. ” 6 See 8 CFR 103.2(b)(16)(i).