When your VAWA case is denied in 2025, it can feel like the system has failed you. But the Violence Against Women Act still offers a path forward. The latest USCIS data shows that in FY 2021, fewer than 42% of VAWA self-petitions filed by abused children were approved, while only about 70% of abused-parent petitions made the cut.
If citizenship and immigration services denied your I-360 because records were incomplete or the eligibility criteria seemed unmet, don’t lose hope; you still have options.
Whether it’s crafting stronger supporting documents, filing a motion or appeal, or preparing for an immigration judge review, a thoughtful strategy rooted in solid evidence can reopen the door to immigration benefits and a route to lawful permanent residence.
The Most Common Reasons VAWA Cases Are Denied in 2025
In FY 2023, out of nearly 29,000 VAWA petitions filed by abused spouses, only around 7,000 were approved, illustrating the highly stringent standard in adjudicating these cases.
Insufficient Proof of Abuse
Even in 2025, USCIS denies many petitions because the evidence is vague, inconsistent, or minimal. Officers reviewing a VAWA application want detailed, credible proof of domestic violence or extreme hardship caused by an abusive family member. Acceptable proof goes beyond a single affidavit; think medical records, police reports, photos, counseling notes, and statements from friends or neighbors. Without this depth, your case risks being denied for not meeting the eligibility requirements under the Violence Against Women Act.
Not Proving the Qualifying Relationship or Good-Faith Marriage
If you are an abused spouse or a lawful permanent resident spouse, USCIS expects proof that your marriage was entered into in good faith, not for immigration benefits. Missing or inconsistent supporting documents, such as marriage certificates, divorce decrees, or evidence of shared life, can lead to denials. Likewise, cases involving a citizen spouse or citizen child must still establish the eligibility category through official records and timelines.
Missing the Shared Residency Requirement
The eligibility criteria include living with the abuser for a period of time. Without documentation like leases, joint utility bills, or official correspondence showing you were physically present at the same address, your petition may be denied. In abusive relationships, victims often flee quickly and lose access to these records, so affidavits from neighbors or school records can be critical substitutes.
Good Moral Character or Inadmissibility Problems
VAWA petitioners must show they possess good moral character for the required period. Criminal convictions, especially involving fraud, drugs, or violence, can lead to denials or inadmissibility findings, making immigration relief harder to obtain. Even minor offenses can raise questions, so submit rehabilitation proof and legal briefs addressing why you still qualify for VAWA benefits.
Filing Mistakes, Missed Deadlines, or Abandonment
USCIS issues denials for late filings, wrong forms, or failing to respond to RFEs and Notices of Intent to Deny. Missing a biometrics appointment or interview without rescheduling can also result in abandonment. If your case is denied for these reasons, it’s often due to preventable issues, such as tracking deadlines and ensuring your receipt notice matches the correct filing address. These are simple but vital steps.
Fraud or Misrepresentation Findings
Submitting forged documents, fabricated stories, or inconsistent timelines will almost always trigger denial, and possibly bar other immigration services in the future. Given the heightened fraud screening in 2025, USCIS fraud units are quick to spot inconsistencies. Honesty paired with clear explanations when evidence is unavailable is the safest route.
Legal Options After a VAWA Denial
If USCIS denies your VAWA self-petition, you still have several avenues to pursue relief or file again with a stronger case. Here are your key options:
1. Filing a Motion to Reopen (with New Evidence)
A motion to reopen lets the same USCIS office reconsider your case when brand-new, compelling documentation is available. This is ideal when denial stems from missing evidence, like additional supporting documents that prove your eligibility or abuse history.
2. Filing a Motion to Reconsider (Legal Error)
This option is appropriate when the denial was due to a misapplication of the law or processing error, not a lack of facts. You must argue that USCIS misinterpreted regulations, using legal citations instead of new evidence.
3. Appealing to the Administrative Appeals Office (AAO)
If a motion doesn’t succeed, an appeal to the AAO offers an independent review. Notably, about 91.9% of AAO completions for I-360 VAWA petitions were finalized within 180 days during the most recent quarter, showing appeals move relatively quickly once filed.
4. Re-Filing a Stronger VAWA Petition
When denial results from incomplete preparation, such as missing records or technical mistakes, a refiling may be smarter than opening a motion or appeal. A new petition gives you the chance to redline past issues and include a cover letter explaining how this filing addresses prior deficiencies.
Quick Reference: Motion vs. Appeal vs. Refile
| Path | New Evidence Allowed? | Legal Arguments? | Typical Timeline |
| Motion to Reopen | Yes | Optional | ~90 days |
| Motion to Reconsider | No | Yes | ~90 days |
| Appeal (to AAO) | No | Yes | Up to ~180 days |
| Re-file | Yes | N/A | Variable |
*Estimated based on USCIS averages; your mileage may vary depending on backlog and case complexity.
When to Get Help
Given the tight deadlines, motions and appeals are due within about 30 days, starting early is essential. Work with an immigration attorney experienced in VAWA to determine whether your case calls for new evidence, an appeal, or a carefully revised petition.
Key USCIS Policy Changes Impacting Denials in 2025
USCIS has implemented several major changes that are shaping how VAWA applicants are reviewed and why some cases are denied. Understanding these policies can help you adjust your strategy before filing or responding to an RFE.
New VAWA Interviews (December 2024 Onward)
Starting late 2024, certain VAWA self-petitioners, especially those with a pending green card application, are being scheduled for in-person interviews. While USCIS officers are trained in trauma-informed questioning, a poor or inconsistent interview can still lead to a denial.
Best Practice: Review your supporting documents and personal declaration before the interview. Be prepared to discuss key events without contradictions. Bring updated evidence if new developments have occurred since filing.
Shift to the HART Service Center
In April 2024, USCIS moved all new VAWA filings to the Nebraska-based Humanitarian, Adjustment, Removal and Travel Documents (HART) division. The intent is to streamline immigration benefits processing, but early in 2025, the transition has led to slower case movement.
Stat: The median processing time for spousal VAWA petitions rose over 41 months by early 2025 as HART adjusted to the new workload.
Best Practice: File a complete and error-free VAWA application the first time. Cases triggering an RFE will now face longer delays.
Heightened Fraud Screening
Following 2024’s exposure of fraudulent VAWA benefits filings, USCIS has tightened its fraud detection protocols. This includes deeper background checks, closer scrutiny of marriage history, and challenges to proof of joint residence or good-faith marriage.
Best Practice: Address any possible red flags proactively. If you lack a police report for domestic violence, include alternate proof such as medical records, counseling notes, or affidavits from credible witnesses.
Continued Confidentiality Protections
Under the Violence Against Women Act, USCIS may not contact the alleged abusive family member or rely on their statements in making a decision. All correspondence is sent to a safe mailing address chosen by the petitioner.
Best Practice: Always provide a secure mailing address, such as your lawyer’s office, for all immigration services communication. This helps ensure you receive every receipt notice and interview letter without alerting the abuser.
VAWA Denial Trends and Approval Rates
USCIS data show VAWA outcomes vary by eligibility category, and that matters when you’re planning evidence and timelines. In FY2021, adjudications for spousal self-petitioners resulted in 6,766 approvals and 3,755 denials (about a 36% denial share across all VAWA I-360s that year). For abused children, only 148 were approved vs. 208 denied (~58% denied). For abused parents, 187 approved vs. 625 denied (~77% denied). These figures come from USCIS’s performance tables reproduced in a Congressional analysis, sourced to USCIS’s I-360 VAWA datasets.
Why the spread? Cases for parents and children often hinge on tougher proof standards (fewer police reports, fewer third-party records) and more frequent questions from an immigration officer on shared residence and abuse dynamics, so weak corroboration can sink an otherwise eligible case during immigration review. By contrast, abused spouses more often submit fuller records tied to household bills, leases, medical records, and therapy notes, which helps VAWA petition approval rates.
Processing speed also shapes outcomes. USCIS performance data (2010–2022) document a steady climb in queues; by 2021, total adjudications reflected significant pending inventory, a trend that set the stage for longer waits in 2023–2025. Planning for delays, tracking your prima facie determination notice, respond promptly to any RFE, and preserving advance parole eligibility during a pending green card application helps VAWA applicants minimize delays on the way to a final decision and, if approved, deferred action and later adjustment when visa availability allows.
What to Do if You’re in Removal Proceedings After a Denial?
If your VAWA case is denied while you’re in immigration court, you may still qualify for relief. The most common options are:
- VAWA Cancellation of Removal: Available if you meet the eligibility criteria, including three years’ continuous presence, good moral character, and proof of extreme hardship to a citizen child or lawful permanent resident spouse.
- Adjustment of Status After Re-Filing: If you file a stronger I-360 and get an approved VAWA self-petition, you can use it in court to support a green card application when visa availability allows.
- Using an Approved I-360 in Court: If USCIS determines approval on a pending motion or appeal, your immigration judge can complete your adjustment.
Act fast – most motions or appeals must be filed within 30–33 days of denial. Missing deadlines can close off these options entirely.
Practical Steps to Avoid a VAWA Denial
- Prepare Evidence Early and Thoroughly: Gather supporting documents like affidavits, medical records, police reports, and proof of residence with the abusive family member to meet eligibility requirements under the Violence Against Women Act.
- Avoid Technical Filing Errors: Double-check the correct eligibility category, filing fee exemptions, and the latest USCIS forms to prevent USCIS issues or abandonment.
- Address Moral Character Concerns: If you have criminal convictions, submit evidence of rehabilitation to demonstrate you still possess good moral character.
- Respond Promptly to RFEs/NOIDs: Late or incomplete responses can lead to USCIS denies; include additional supporting evidence and legal arguments when you reply.
- Work With an Experienced Immigration Attorney: Skilled guidance can help you minimize delays, prepare for biometrics appointments, and present a case that meets all eligibility criteria.
Don’t Face a VAWA Denial Alone
If your VAWA case is denied in 2025, the worst thing you can do is wait and hope it fixes itself. Deadlines for motions, appeals, or re-filing can be short, and missing them can close the door on your immigration relief entirely. At The Chidolue Law Firm, we guide VAWA applicants through the most difficult stages, from challenging denials to preparing a stronger, evidence-backed case that meets every eligibility requirement.
We know how overwhelming it can be to deal with USCIS issues, mounting stress, and the fear of losing your chance at permanent residence. You don’t have to go through it alone. Let us help you respond promptly, protect your rights, and fight for the immigration benefits you deserve.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
If your VAWA petition approval feels out of reach after a denial, act now. The sooner you get legal guidance, the stronger your next steps will be.
