The Violence Against Women Act (VAWA) allows certain immigrants who have suffered abuse by a U.S. citizen or lawful permanent resident spouse, or by certain qualifying family members, to apply for immigration protection without the abuser’s knowledge or cooperation. However, filing Form I-360 does not guarantee approval. In 2026, applicants must be especially careful to present strong, credible evidence and avoid mistakes that could lead to delays, requests for additional evidence, or even denial. At Shepelsky Law Group, we want applicants to understand the three major mistakes that can seriously jeopardize their VAWA cases and how to avoid them.
1. FAILING TO PROVE YOUR MARRIAGE WAS REAL
USCIS needs evidence that you entered your marriage in good faith, not just to obtain immigration benefits. If you have no joint bank accounts, leases, tax returns, or other traditional marriage evidence, your case may be more difficult. However, photos, messages, travel records, witness affidavits, and personal testimony can help prove your relationship was genuine. You must also establish that you lived with your abusive spouse at some point.
2. PROVIDING A WEAK OR INCONSISTENT ABUSE DECLARATION
One of the biggest mistakes is submitting a vague personal statement without specific examples of abuse. USCIS needs to understand what happened, how your spouse controlled, threatened, humiliated, or harmed you, and how the abuse affected your life. Contradictions between your declaration and other evidence can seriously damage your credibility. Remember, VAWA does not require physical violence. Emotional, psychological, sexual, and other forms of extreme cruelty may qualify.
3. HIDING CRIMINAL HISTORY OR PROVIDING FALSE INFORMATION
VAWA applicants must establish good moral character. Failing to disclose arrests, criminal convictions, or other important information can jeopardize your petition. Even dismissed criminal charges may require explanation. Providing false documents or deliberately misleading USCIS can create additional immigration problems. Always be truthful with your attorney so potential issues can be addressed properly.
IMPORTANT: You do not need a police report, physical injuries, or your abusive spouse’s cooperation to qualify for VAWA. USCIS must consider any credible evidence, and every case is evaluated individually.
4. Trusting Notarios, “paralegals”, Unlicensed Consultants, or Social Media Advice
Immigration laws are complicated and constantly changing. Following incorrect advice or allowing unauthorized individuals to prepare your VAWA petition – a super complex immigration process — can cause irreversible damage. Seek advice from a qualified immigration attorney.
SHEPELSKY LAW GROUP Experienced Immigration Attorneys
Tel: 718-769-6352
Web: www.shepelskylaw.com
Don’t let mistakes jeopardize your chance to obtain immigration protection through VAWA. Contact us for a confidential consultation.