USCIS Overhauls VAWA Self-Petition Policy Manual to Strengthen Program Integrity and Clarify Eligibility

The U.S. Citizenship and Immigration Services (USCIS) issued a significant policy update on December 22, 2025, rewriting the Violence Against Women Act (VAWA) self-petition guidance in Volume 3 of the USCIS Policy Manual. The update, effective immediately for all VAWA requests pending or filed on or after that date, refines evidentiary expectations, codifies long-standing practices, and reinforces statutory requirements for self-petitioners seeking immigrant classification under the Violence Against Women Act.

USCIS states its aim is to restore program integrity and ensure VAWA functions as Congress intended. This comes amid what the agency described as an unprecedented surge in VAWA filings over recent years that exceeded historical patterns and strained adjudicative resources.

At its core, the Violence Against Women Act allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs) to self-petition for lawful permanent residence without reliance on the abusive family member. The statutory anchor for this relief is found at 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), and (vii), and the implementing regulations remain at 8 C.F.R. § 204.2(c). Under VAWA, self-petitioners must show a qualifying family relationship to the abuser, good-faith marriage (for spouses), evidence of abuse (battery or extreme cruelty), shared residence, and good moral character.

Key Policy Shifts and Clarifications

Stronger Evidentiary Standards, Discretion, and Credibility Review
USCIS clarifies that officers retain broad discretion in evaluating what evidence is credible and how much weight to assign it, as required by statute. Applicants should submit clear, reliable evidence supporting all eligibility elements to reduce reliance on Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). Officers are instructed to apply these criteria consistently with statutory and regulatory frameworks.

Residency and Relationship Verification
The updated policy requires that self-petitioners demonstrate they resided with the abusive spouse or qualifying family member during the qualifying relationship. This emphasis on shared residence reflects USCIS’s effort to align adjudications with statutory expectations and longstanding adjudicative practice. Applicants should be prepared to document housing arrangements and timelines that align with the claimed qualifying relationship.

Good-Faith Marriage Evidence
For self-petitioning spouses, USCIS reinforces the requirement that the marriage was entered into in good faith and is not for immigration benefits alone. The guidance encourages submission of primary evidence of the marital relationship—such as joint financial documents, affidavits, wedding photos, and leases—but USCIS may consider any credible evidence relevant to the petition.

Step-Relationship Guidance After Death
In cases involving step-relationships where a biological parent or child dies, the updated manual clarifies how to assess whether a qualifying relationship continues post-death. Self-petitioners must provide evidence showing that the relationship with the surviving abusive parent or child persists after the petition is filed. This refinement addresses previously ambiguous adjudicative scenarios.

Application to Pending Cases
Crucially, the new guidance applies not only to new filings but also to VAWA self-petitions currently pending before USCIS. Practitioners and applicants may need to evaluate whether previously submitted evidence meets the clarified standards and consider supplementing filings where appropriate.

This post is intended for general informational purposes only and is not to be relied upon as legal advice. For a free legal consultation with Attorney Thomas Lee, please call (213) 251-5533.