USCIS Issues Policy Updates for VAWA Petitioners
On December 22, 2025, USCIS updated its Policy Manual guidance for Violence Against Women Act (VAWA) self-petitions (Form I-360). USCIS says this was a full rewrite meant to reflect “long-standing practices.” The changes may affect who qualifies and what evidence applicants should submit. USCIS says the update takes effect immediately and applies to both new filings and pending cases.
| The Violence Against Women Act (VAWA) allows certain survivors of domestic abuse to self-petition to become lawful permanent residents. Spouses or children of U.S. citizens or Green Card holders may be eligible for Green Cards under VAWA, without remaining in an abusive relationship to keep lawful status. |
What USCIS changed in the new VAWA guidance
A key theme in the update is what USCIS expects to see in the initial petition for a Green Card under VAWA guidelines. USCIS emphasizes that applicants should submit evidence that is credible and clearly supports each required part of a VAWA case. USCIS also repeats that its officers have broad authority to decide what evidence they trust and how much importance to give it.
The policy update also adds extra focus on two issues that often determine the outcome:
- The first is whether the marriage was real and entered into for genuine reasons.
- The second is whether the person experienced “battery or extreme cruelty.”
USCIS says officers should look at the full context of what happened, including why the harm occurred and how it affected the VAWA petitioner, not just that a hurtful act happened.
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Relationship rule changes: living together and step-relationships
Finally, USCIS makes some important relationship-related changes. The agency now says the applicant must have lived with the abusive spouse or family member during the qualifying relationship. USCIS also notes updates involving step-relationships and how it evaluates whether a qualifying relationship continues in certain situations. For example, if a biological parent dies, USCIS may seek proof of whether a relationship with a step-parent is ongoing after the petition is filed.
Because these updates apply right away, including to cases already in progress, applicants and attorneys may want to review pending filings and evidence plans, especially if there are questions about living arrangements, proof of good-faith marriage, or how the abuse and its impact are documented. To get guidance for your specific situation, request a consultation with an immigration attorney from Manifest Law.
