U.S. Citizenship and Immigration Services (USCIS) implemented new guidelines in December for the Violence Against Women Act (VAWA) immigration program. USCIS stated that the revisions aim to prevent fraud and manage the program as Congress intended, citing an increase in filings by men and parents between 2020 and 2024.

The updated policy manual requires self-petitioners to provide stricter evidence, including proof they resided with the abuser while married and that the abuse occurred during the marriage. Additionally, applicants must provide proof of their abuser's U.S. citizenship or permanent legal status, and evidence that any prior marriage of the abuser was legally terminated. The new guidelines define "battery" as striking with "repeated blows of an instrument or weapon, or with frequent missiles; to beat continuously and violently so as to bruise or shatter." "Extreme cruelty" is defined as an act "to the utmost possible degree" that "endangers the life or health of the other."

Ruby Robinson, a senior managing attorney at the Michigan Immigrant Rights Center, said in March that her client, an immigrant woman, received a denial notice for legal status. The client had submitted a marriage certificate and letters from a friend and the man's daughter, but immigration officials denied the application, stating the evidence was insufficient to prove the marriage was in "good faith." Robinson said, "VAWA was designed to create protections for survivors of intimate partner violence and domestic violence." She added, "These protections are essentially falling apart."

Cecelia Friedman Levin, director of the Alliance for Immigrant Survivors, said in a podcast interview that many cases are now adjudicated with a fraud-focused lens. She stated, "A few bad actors are not an excuse to punish survivors for whom the program was designed to rely on."

The Violence Against Women Act allows abused foreign national spouses of U.S. citizens or green card holders, and abused foreign national parents, to file a self-petition for lawful immigration status. Then-U.S. Sen. Joe Biden originally sponsored the Act, which was enacted in 1994 during the Clinton administration and renewed most recently in 2022 during President Biden's presidency.

Why It Matters

The revised USCIS guidelines introduce more stringent requirements for individuals seeking lawful immigration status through the Violence Against Women Act, particularly concerning evidence of abuse and marital validity. These changes impact how survivors of domestic violence can access immigration protections established when the Act was first enacted in 1994, affecting those who self-petition for legal status.

Critics of the new guidelines assert that the stricter definitions and evidence requirements could disadvantage legitimate survivors, making it harder for them to prove their cases. The changes aim to address concerns about program integrity and fraud, but advocates argue they might create additional barriers for vulnerable individuals.