Scared to File VAWA Under Trump? Here's the Truth.

Is it safe to file for VAWA now that Trump is back in office? A lot of VAWA applicants are understandably very nervous about filing right now, and for good reason.

There are reports and fears and worries that USCIS is about to get a lot tougher on VAWA applications, that strong cases are getting picked apart over small details, that quiet changes are already making the process harder. So what's really going on and what should you do before you file?

In this video, I am going to explain everything that I know about what is happening with VAWA cases, what has been changing, and what you should do if you are thinking about filing a VAWA application. Let's talk about what has actually changed underneath Trump and why so many people feel uneasy about filing for VAWA right now.

Changes to VAWA

First, the biggest shift is that some VAWA applicants are now being called in for interviews by USCIS. This was not happening in the past. VAWA cases have always been decided on paper, especially the Form I-360 VAWA application, which is the actual part of the case that is based upon VAWA.

This did not require any interviews and there was no in-person questioning over the merits of the application and whether the client suffered abuse. But there is a concern that applicants may be called in for their I-360 eligibility, as did happen in December and January for certain cases before Trump even took office.

However, this was a trial run, and we are yet to see what permanent changes may be made to the I-360 interview process.

In addition, underneath the Biden administration, many green card interviews were being waived across the board for marriage cases, for VAWA cases, and for others. However, we are now seeing a return to in-person interviews for the I-485 adjustment of status portion of VAWA applications.

Although these interviews are not meant to focus on abuse and the abuse portion is not meant to be re-adjudicated by the USCIS officer, you have to be on guard and you have to watch out to see what they ask. Some officers may be asking questions that go beyond their scope of questioning, but this has always been the case. That is why you should never go to an I-485 interview by yourself.

The second big change that some lawyers are reporting is that VAWA cases are being reviewed more harshly than in the past, especially on cases based upon emotional abuse. Now, we have not seen this change in our office and we are receiving the normal, typical types of requests for evidence in cases. However, we have been hearing about some attorneys receiving more pushback on their affidavits when they are not detailed enough or when there is no proof.

But as mentioned, we are not seeing this trend in our office and we continue to see approvals for VAWA with very limited pieces of evidence because our affidavits have historically always been detailed enough. If more attorneys start to see a trend in requests for evidence in this regard, then this could potentially signal a more permanent shift. However, it is important to remember what the actual law says.

The law, as enacted by Congress, says that any credible evidence may be used to prove your VAWA application.

Congress itself has recognized that persons applying for relief underneath VAWA typically tend to have very limited access to documentation of what they have suffered or of their marriage. So don't forget that your lawyer's job is to argue the law and what it requires.

Another thing that is changing and getting harder is the actual wait. VAWA has always been relatively slow, but now it may get worse. Most people are already waiting up to three years or more for an approval. And that's without accounting for any additional time required by request for evidence being sent.

And if you file today, you're not going to be jumping to the front of the line, rather you're just preserving your place in line which means that the longer you wait to start the longer you'll have to wait yet to get an approval.

We are also hearing some cases being denied over technical issues such as lacking a wet or original signature USCIS wants what is called a "wet signature" or a signature that is signed with an actual pen. We have heard of cases being denied over a lack of a wet signature or because a signature was a scan or a copy.

However it is important to remember that the USCIS regulations do allow for photocopies of an original signature, as long as your signature is not an electronic signature made through an application, hopefully your case will be okay.

Another concern is the fact that the five-year work permit may go away. Right now, if you file for VAWA and for a EAD through your VAWA application connected to an I-485, you are to get a five-year EAD. This is a huge benefit that came to be underneath the last administration. And since this policy did start with the Biden administration, there's no guarantee that it's going to stay. Trump has not officially targeted this yet, but who knows what will happen.

And finally, I want to point out one more thing that the Trump administration tried to do during his first term. They tried to change the legal definition of domestic violence. They wanted to narrow it to exclude things such as emotional abuse, psychological abuse, and control. This effort did not succeed the last time because these definitions are enshrined in the law as passed by Congress. However, it's not inconceivable to imagine that Trump may try to do this again.

Why You Should Apply Now

Now let's talk about why you should still apply and why you should apply now. First of all, VAWA is still the law. It was actually created by Congress and it has been reauthorized many times over with overwhelming support from both sides of the aisle. This means that the president can't just shut it down even if they want to.

Even if some things are changing at USCIS, the actual legal foundation of VAWA remains intact and it's not going anywhere anytime soon.

Second, USCIS is still accepting, approving and processing VAWA applications. I have here on my desk all these applications that just got approved. There have been no memos or suggestions to say that they're going to stop approving or turn away VAWA cases. The I-360 form is still being processed.

So if you're eligible and you have been waiting for a while to file because you're scared, don't worry, it's still safe. And VAWA is still a confidential process. A lot of people are scared to apply because they think that their spouse is going to be informed and find out. But this is not how it works. There are still strong confidentiality laws that protect your case. Your abuser will not be notified, nor will USCIS use information provided by your abuser to make a decision on your case. This law is designed to keep you safe.

And finally, with all the reports out there about the stricter reviews, I want you to know something. Strong cases are still getting approved.

In my office, we have not seen any change in the amount of cases that get approved for VAWA. We are still getting our regular approvals and we're not changing our system of how we do our cases because it works! So if you're filing with the right preparation and the right legal team, the chances of success are still high.

My team and I have helped thousands of clients file strong, valid cases ethically and soundly, including during the last Trump administration. And we're still getting cases approved all the time.

Every case we file is built carefully with the client's own words and with careful consideration and attention to putting in the right amount and the right type of evidence and to avoid the type of mistakes that causes other cases to get denied. So if you're not sure if you qualify or if you already filed and have encountered problems, we're here to help.

Call us to schedule a case evaluation at 212-248-7907. We're based in New York. However, we work with clients all over the United States.

And if you want to know exactly how long your VAWA case will take, not just to get your work permit, but to get your green card and your citizenship, then you need to watch my other video, The Real Timeline For Your VAWA Case. I break down every part of the process and share what we are seeing in real cases right now.

So if you're wondering what comes next in your case, or if you're still deciding whether you want to file, this is the video that you don't want to miss. Click the link to watch it and I'll see you there.