Q: I filed an application to become a permanent resident through the Violence Against Women Act (VAWA) last year. I heard that the process is changing. What is happening, and why? 

A: The Violence Against Women Act (VAWA), passed into law in 1994, allows parents or spouses of United States citizens or lawful permanent residents of the United States who have been the victim of extreme cruelty to submit a petition to seek permanent residence. 

In the past, USCIS made decisions about VAWA petitions based on the presented evidence alone, however, in November 2024, the agency announced a change in protocols. Starting in December 2024, USCIS will now conduct selected interviews for individuals with pending VAWA petitions. These interviews will be in-person, and the officer will be asking the petitioner about facts contained within the application. 

This pilot program’s creation responds to two primary factors. First, VAWA petitions massively increased over a short period of time between fiscal year 2021 and fiscal year 2023. Second, there have been multiple criminal prosecutions in Maryland, Massachusetts, and New York of 

attorneys filing non-meritorious and/or fraudulent VAWA petitions. USCIS claims that the interview pilot works to guarantee VAWA’s “effectiveness and integrity.” 

As of this writing, not all self-petitioners are impacted by this new process. The USCIS webpage indicates that only individuals that are simultaneously filing a VAWA self-petition and an adjustment of status application can be interviewed. The agency intends to interview both marriage-based cases and non-marriage based cases. However, only a subset of eligible individuals will actually be interviewed, and these interviews may be selected out of chronological order. Being selected for an interview does not necessarily signify that the case contains a deficiency or issue. 

The logistics of the interview are still not completely known. Officers might be remote or in the room with self-petitioners. Although the USCIS officers that will conduct the interviews will have received some trauma and victim-centered training, self-petitioners may be asked to describe or talk about the abuse that they suffered. Despite the difficulty of relaying the abuse endured, the self-petitioner must attend the interview; otherwise, USCIS can consider the self-petition abandoned and deny it. 

If you have questions about how these changes might impact you or if you want to learn more about a VAWA self-petition, please contact the Rian Immigrant Center.

Disclaimer: These articles are published to inform the general public, not to advise in individual cases. All law, including immigration law, is always subject to change. If you seek legal advice you can contact Rian’s immigration legal staff at 617-984-6542. 

Most importantly, if you or someone you know is in a dangerous situation due to intimate partner violence or threats, seek help. SafeLink is Massachusetts’ statewide 24/7 toll-free domestic violence hotline: 877-785-2020.