As an immigration attorney, I want to share a critical update from USCIS regarding the Violence Against Women Act (VAWA) program. Starting December 2024, USCIS will implement a new policy that includes conducting interviews for certain VAWA self-petitioners with pending I-360 and I-485 applications. Here’s what you need to know:
- Who Will Be Interviewed: Only VAWA self-petitioners with both I-360 and I-485 applications pending will be selected for interviews. Those with standalone I-360 petitions will not be impacted. Many cases will still be adjudicated without interviews.
- Interview Notices: USCIS will send interview notices to the self-petitioner’s safe address and, if applicable, their legal representative starting in November 2024. Cases selected for interviews may not follow a first-in, first-out order.
- Location and Process: Interviews will take place at the USCIS Field Office responsible for the self-petitioner’s residential address listed on their applications. Petitioners must appear in person and may be accompanied by their legal representative. USCIS officers conducting these interviews will either attend in person or remotely, and officers will have specialized training in trauma-informed interviewing.
- Attendance is Mandatory: Failure to attend a scheduled interview could result in a denial of the self-petition. If you need to reschedule, follow the instructions provided in your interview notice promptly.
- Focus of the Interview: These interviews will cover eligibility criteria for both the I-360 and I-485 applications. Be prepared to discuss any information submitted to USCIS or included in your A-file.
- Specialized Training: Officers conducting these interviews will have significant experience and training centered on victim-focused, trauma-informed approaches, as required by law.
- Fraud Prevention Efforts: USCIS has implemented this change in response to an increase in VAWA-related filings and recent fraud investigations. The agency aims to enhance program integrity while maintaining its commitment to supporting victims of abuse.
- No Impact on Eligibility or Standards: The interview process will not alter existing eligibility requirements or evidence standards. Being selected for an interview is not a reflection of any negative determination in your case.
- Public Awareness Campaign: USCIS plans to launch a broader campaign to educate the public about VAWA fraud.
This change reflects USCIS’s effort to balance program integrity with fairness and a victim-centered approach. If you have concerns or need legal guidance, my office is here to help. Whether you’re a man or woman navigating the VAWA process, having an experienced immigration attorney by your side can make all the difference. Contact SHEPELSKY LAW GROUP today to discuss your case and prepare for the upcoming changes.
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