A VAWA case prepared by an inexperienced attorney, notario, paralegal, or document preparer may contain serious weaknesses. The personal declaration may be too short, the abuse may not be properly explained, important evidence may be missing, or the filing may contain mistakes and inconsistencies. Hiring a new lawyer for a pending case is often the most important step a VAWA applicant can take before USCIS makes a final decision.
When the case is still pending, an experienced immigration lawyer may be able to submit a detailed amendment or supplemental filing to correct, clarify, and substantially strengthen the case. No attorney can guarantee approval, but properly fixing the case may significantly improve the applicant’s chances.
1. Identifying Weaknesses in Your Pending Case Before USCIS Makes a Decision
Shepelsky Law can review the entire filing to determine what was omitted, poorly explained, unsupported, or legally incorrect. Addressing these problems while the case is still pending may be far better than waiting for a Request for Evidence, Notice of Intent to Deny, or denial.
2. Preparing a Detailed and Persuasive Personal Declaration
The applicant’s declaration is often one of the most important parts of a VAWA case. A new lawyer for a pending case can help the applicant clearly explain how the relationship began, why the marriage was entered into in good faith, how the abuse developed, specific incidents of physical, emotional, psychological, financial, sexual, or immigration-related abuse, the abuser’s pattern of control and manipulation, why the applicant remained in the relationship or had difficulty leaving, and how the abuse affected the applicant and the applicant’s children.
3. Correcting Mistakes and Explaining Inconsistencies
A weak filing may contain incorrect dates, incomplete answers, translation problems, or statements that conflict with other immigration applications. These issues should not be ignored or hidden. A carefully prepared amendment can identify the mistakes, provide truthful corrections, and explain why the errors occurred.
USCIS evaluates whether the evidence is sufficiently detailed and internally and externally consistent. Unexplained contradictions can create credibility concerns that sink an otherwise valid case.
4. Your New Attorney Can Provide Every Required Element of the VAWA Case
A prior preparer may focus only on the abuse and fail to document the other legal requirements. A stronger filing can provide evidence of the abuser’s U.S. citizenship or lawful permanent resident status, the qualifying marital or family relationship, a good-faith marriage, shared residence with the abuser, battery or extreme cruelty, the applicant’s good moral character, and any other eligibility requirements that apply to the case.
USCIS requires the self-petitioner to establish the qualifying relationship and all applicable eligibility requirements, not merely that problems existed in the marriage.
5. Adding Important Supporting Evidence
A new lawyer can help identify and organize evidence not included in the original submission, such as police reports and protective orders, medical and psychological records, photographs, text messages, emails, and voicemails, financial records showing economic control, statements from relatives, friends, neighbors, coworkers, or counselors, shelter, social-service, or domestic-violence program records, evidence of shared residence, evidence that the marriage was genuine, and records showing the abuser’s threats concerning immigration status.
VAWA applicants may submit any relevant credible evidence. USCIS must consider qualifying evidence even when traditional documentation is unavailable.
6. Providing a Clear Legal Explanation of Extreme Cruelty
Abuse under VAWA is not limited to physical violence. A properly prepared legal submission can explain how threats, humiliation, isolation, financial control, coercion, intimidation, immigration threats, sexual abuse, stalking, and other controlling conduct may form a pattern of extreme cruelty. Learn more about what counts as extreme cruelty under VAWA.
7. Organizing the Case So the USCIS Officer Can Understand It
Even a truthful case can be difficult to approve when documents are disorganized or the connection between evidence and legal requirements is unclear. Shepelsky Law can prepare a structured legal brief, evidence index, detailed declaration, and supporting exhibits that present the history of the relationship and abuse in a logical manner.
8. Explaining Why Evidence Is Unavailable
Many survivors do not call the police, seek medical treatment, or tell others about the abuse. An experienced lawyer can explain why certain records do not exist and present alternative evidence. This prevents the absence of a police report or protective order from appearing unexplained to a USCIS officer. Learn more about how USCIS handles cases where evidence is limited.
9. Reducing the Risk Created by an Unqualified Preparer
Paralegals and document preparers cannot independently provide legal advice or develop a legal strategy. A licensed immigration lawyer can evaluate eligibility, identify possible immigration consequences, communicate with USCIS, and take responsibility for presenting the legal arguments in the case. Read more about why using an immigration attorney matters.
10. Creating a Stronger Record for Any Future Proceedings
A comprehensive supplemental submission may also create a clearer record if USCIS later issues an RFE, NOID, or adverse decision. The applicant’s corrections, explanations, evidence, and legal arguments are already documented in the immigration file. If a denial does occur, a stronger record also supports any appeal or motion to reopen.
The Earlier Filing Does Not Go Away
Amending a VAWA case does not remove the original application from the USCIS record. A new lawyer for a pending case must work carefully with everything previously submitted. Make honest corrections on incorrect or inconsistent information with a reasonable explanation.
Trying to conceal a prior statement or completely changing the story without explanation may create additional credibility problems. The purpose of having a new lawyer amend a pending case is to present the complete truth, correct genuine errors, fill evidentiary gaps, and explain the case more clearly. Review the most common mistakes people make when filing a VAWA green card case to understand what may need correction in your file.
How a New Try With Shepelsky Law’s Attorneys Can Help With Your Pending VAWA Case
Shepelsky Law can conduct a complete review of the pending VAWA filing, identify legal and evidentiary weaknesses, prepare an expanded personal declaration, collect additional supporting documentation, correct prior mistakes, and submit a comprehensive supplemental filing to USCIS.
A weak case does not always have to remain weak. Identify problems are identified early and address them truthfully and thoroughly. An experienced VAWA attorney can transform an incomplete filing into a much stronger and more persuasive case.
Schedule a Consultation With Shepelsky Law Group
If an inexperienced lawyer prepared your VAWA case, do not wait for USCIS to issue an RFE, NOID, or denial before seeking help. Contact Shepelsky Law to schedule a confidential consultation and begin the process of reviewing, correcting, expanding, and strengthening your pending VAWA case.
Call Shepelsky Law at (718) 769-6352 or visit ShepelskyLaw.com to schedule your consultation.