USCIS guidance on VAWA self-petitions
February 15, 2022
Requirements for Violence Against Women Act (VAWA) self petitions, USCIS published updated policy guidance on eligibility, filing, and adjudication to align with recent court decisions. The update states that the self-petitioner must demonstrate they are residing or have resided with their abuser at some point in the past. The update also implements the decision from Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), holding that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a casual or logical relationship.” The update also implements the decision from Arguijo v. the United States, 991 F.3d 736 (7th Cir. 2021), where the court held that stepchildren and stepparents can continue to be eligible for VAWA self-petition even if the parent and stepparent divorced.
Specific content can be found here:
https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-on-vawa-self-petitions