VAWA Protections Amid 2025 Policy Tightening: Backlogs and Scrutiny

(UNITED STATES) USCIS is applying stricter evidence rules to VAWA cases following guidance issued in late 2025, raising the bar for many self-petitions filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The change lands as filings have surged 360% since 2020 and average processing times remain 23 to 31 months.

People who rely on VAWA often have one goal: stay safe without losing immigration status when an abusive U.S. citizen or lawful permanent resident relative controls the paperwork. The updated approach affects spouses, children, and parents, and it also shapes how quickly many applicants can reach the green card stage through Form I-485, Application to Register Permanent Residence or Adjust Status.

Late-2025 USCIS guidance: where the scrutiny tightened

The late-2025 guidance keeps VAWA’s “any credible evidence” concept, but it places more weight early in the review on three points officers now press for:

• Proof of cohabitation — evidence that the survivor and the abuser lived together.
• Primary evidence of a good faith marriage — joint bank records, leases, insurance, or other shared documents rather than only affidavits.
• Broader officer discretion — officers may weigh whether the overall record feels reliable.

For survivors, these requests collide with real-life control. Abusers often keep the lease, the bills, the phone plan, or the bank login, making cohabitation and shared-finance proof hard to gather even when the relationship was real and the abuse severe. Advocates warn that stricter document expectations hit low-income applicants and unrepresented filers hardest.

Additional points in the guidance:

• Divorced self-petitioners still have two years from the divorce date to file.
• The guidance highlights step-relationship issues after an abuser’s death, where applicants may need proof that the qualifying relationship remains valid.
• USCIS emphasizes statutory bars, including INA §204(c), which blocks approval when the agency finds prior marriage fraud.

What a VAWA self-petition must prove in 2026

A VAWA self-petition lets a survivor petition without the abuser’s help and do so confidentially. The core legal elements remain, but the evidence record now needs more structure from the first filing.

Applicants must show:

• A qualifying relationship to the abuser as a spouse, child, or parent, with the abuser being a U.S. citizen or lawful permanent resident.
• Battery or extreme cruelty, a legal term covering physical violence, threats, coercive control, and serious emotional harm.
• For marriage cases, a good faith marriage, i.e., the marriage began as a real life together, not for immigration benefits.
• Good moral character for the required period — arrests and convictions are central issues.
• Cohabitation, now directly emphasized as a credibility check.

Many applicants also receive a “prima facie” notice during review. That early finding can help with public benefits in some states, but it does not grant lawful status or work authorization by itself.

Backlogs and the Nebraska HART unit

Since April 2024, USCIS has routed VAWA workload through the Nebraska Service Center’s Humanitarian, Abuse Relief, and Trafficking (HART) unit. The move aimed to reduce transfers and keep specialized staff in one place, but it has not erased delays.

Using 2025-era data tied to FY 2023 completions, mean processing times for I-360 were:

The practical result: many survivors face a 3 to 5 year path from first filing to a green card once I-485 processing is added after I-360 approval.

Volume contributes heavily to delays. The agency completed about 11,700 VAWA-related cases in FY 2023, while filings grew rapidly, including a reported 2,200% increase for parental petitions. Even strong cases can sit in line for years, affecting safety planning, housing stability, and employment.

I-360 and I-485 strategy: when concurrent filing helps

For many applicants, the biggest timing question is whether to file the I-360 self-petition and the I-485 adjustment application concurrently.

Benefits of concurrent filing:

1. It can shorten the overall timeline.
2. It can unlock the (c)(9) employment authorization tied to a pending I-485, giving earlier work authorization.

Why this matters:

• A stand-alone I-360 does not automatically provide early work authorization. Without a pending I-485, many survivors wait until I-360 approval to seek work permission.
• That wait can mean two to three years with limited income options.

Use official forms and instructions for filing addresses, fees, and evidence checklists. USCIS posts the forms here:

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Form I-485, Application to Register Permanent Residence or Adjust Status

VisaVerge.com reports that the late-2025 evidence shift is already changing how lawyers build first submissions, because thin packets often trigger long RFEs and more delay.

December 2024 interviews for selected concurrent cases

Following a November 2024 announcement, in December 2024 USCIS began interviewing some applicants who filed I-360 and I-485 together. Stand-alone I-360 cases remain exempt from this interview policy.

Key effects of the interview policy:

• An interview notice does not equal denial, but it adds scheduling and preparation steps.
• Applicants and counsel should expect questions linking the I-485 eligibility record to the I-360 story, such as addresses, dates of cohabitation, shared finances, and any police involvement.

RFEs, NOIDs, and the 87-day clock

Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) remain common when officers doubt the relationship, the abuse, or moral character. The timeline in these cases is unforgiving.

• There is an 87-day response window for RFEs/NOIDs, often forcing survivors to gather records quickly while trying to stay safe.

To reduce RFEs, frontload documents in the initial filing. Strong packets often include:

• Police reports or protective orders (when available)
• Medical records and therapy notes
• Photographs
• Detailed affidavits from witnesses
• A clear cohabitation trail (mail, school records for children, letters from shelters)
• Certified court dispositions for any arrests, even if charges were dropped

USCIS’s fraud-prevention focus means applicants should address prior arrests and past immigration filings directly. Officers also apply INA §204(c) when they suspect a prior marriage was for immigration purposes, and that bar can sink a new I-360.

Practitioners increasingly add a short timeline and an index so officers can track events quickly before the file returns to the queue.

Related relief: battered spouse I-751 waivers and VAWA cancellation

VAWA is not the only route for survivors.

• Conditional residents with a two-year green card can seek the battered spouse waiver to remove conditions without the abuser’s signature, using Form I-751, Petition to Remove Conditions on Residence, with proof of a real marriage and abuse or extreme cruelty.

• Survivors in immigration court may seek VAWA cancellation of removal, which requires showing:

• Battery or extreme cruelty,
• Three years of continuous physical presence, and
• Extreme hardship to themselves or certain relatives if removed.

The late-2025 emphasis on fraud bars and criminal history affects these remedies as well.

Where to find official VAWA guidance

For baseline rules and official references, USCIS maintains a dedicated page on immigration relief for survivors, including confidentiality and eligibility basics:

• VAWA and immigration protections page

The human stakes remain high. A stricter review standard does not change the reason VAWA exists: survivors should not have to choose between safety and legal status. In 2026, careful evidence planning, clear timelines, and consistent records matter more than ever.