“Is it easy to get approved for VAWA?” is a legitimate question but you should never underestimate the legal requirements for any immigration application. It may be easy to get the forms and instructions online but there is a body of complex immigration law that is applied to each case. This is why you should not attempt to do-it-yourself, as you will be practicing on your own case, without proper training. A skilled immigration attorney, can improve your chances of winning your case and help you avoid deportation.

VAWA means Violence Against Women Act and despite the name, it applies equally to men and women. VAWA allows abused spouses and minor children of U.S. citizens and permanent residents to self-petition for a green card without a sponsor. Abused parents of U.S. citizens are also eligible to apply.

This first step in winning your VAWA case is to be eligible. There are five main requirements for VAWA. a) You need a qualifying relationship; b) in which you were abused; c) you resided with the abuser; d) you are eligible for immediate relative or preference category; and e) you are a person of moral character.

Many VAWA cases are won or lost based on evidence. VAWA requires proof for all the five steps mentioned above. You cannot just say you meet the requirements. Filing an I360 petition without any further documentation is a sure way of getting denied for VAWA. Depending on your case, you may need evidence of bona fide proof or marriage or proof of the parent child relationship.

Practicing on your own case is a recipe for disaster. You could win your case by reading online and listening to friends but you are more likely to lose than win. You should not gamble like this with your future. Find a skilled immigration attorney who is well-versed in immigration law and regularly files and wins VAWA cases. The right attorney will know how to prepare and present evidence for your VAWA case. Even, when you initially do not believe that you can prove your case, speaking with the right attorney could change your perception.

The road to a VAWA victory is long. It could take 5 years from the time you file the first application to the time that you are holding your green card in your hand. You have to be a person of “good moral character” throughout this process. Committing crimes during this period could hurt your case. Also getting married while the I-360 is pending could be the end of your VAWA case.

The Annual Report on Immigration Applications and Petitions Made by Victims of Abuse, is a yearly publication made by the U.S. Department of Homeland Security. This report documents the approval rate for VAWA cases. Some cases may have been received before 2022 but the table below shows the approval and denial rate in 2022. USCIS received 32,413 total VAWA cases in 2022 and this is normally the trend, each year. If we use this number in comparison to the approval and denial rate, we will see that only 25 percent of VAWA cases are approved.

After reading this article, you should have learned that only 25 percent of VAWA cases are approved. The odds are even worse if you do-it-yourself.

My name is Cheryl Fletcher and I have been practicing immigration law since 2015. I have helped hundreds of victims of domestic violence secure their future in America, with a VAWA green card.

If you would like to speak with me about your VAWA case, please feel free to book a consultation. You’ll be glad you did.