Top 16 VAWA Mistakes That Can DESTROY Your Case!

As an immigration attorney who has successfully filed thousands of VAWA cases, what are the biggest mistakes that I repeatedly see immigrants make in their applications?

Honestly, most people do not know that they have made a mistake until it is too late. They find out when they may get a request for evidence or a denial. So I made this video to walk you through some of the biggest mistakes that I have seen during my times as an immigration attorney over the past 15 years and how to avoid every single one of them and stay tuned until the end because I will share the biggest mistake that I see of them all. One that can sink your case even when everything else is perfect.

Mistake #1

But first, we do need to look at the most overlooked reason why VAWA cases tend to get denied, even strong ones and that is because of the failure to prove a shared residency. USCIS needs to see that you and your spouse did live together and if they cannot find that proof, then they can deny your case altogether, even if your marriage was real and even if the abuse that you suffered is real.

But here's something that most people don't know. Your history of shared residence with your spouse does not have to happen during the marriage. It can happen even before you get married. If you lived together while dating or while engaged, that counts.

But if your affidavit does not explain the time length of your shared residency and you gloss over it and don't provide this information, your case can get denied even if everything else is strong.

So make sure that your affidavit goes into detail about where you lived when you started living together, when you stopped living together, and other details that indicate that you actually lived there together.

Mistake #2

Next, a lot of people worry that USCIS will not believe that their marriage was real, especially if it did not last long. But that's not what matters. What matters is whether or not the marriage was bona fide. Meaning, did you actually get married with the intention of having a life together?

USCIS still needs to see that the marriage was real and that it was not just for immigration purposes. So your affidavit needs to get into the weeds. It needs to tell the full story of how you met, how the relationship started, and how you and your spouse ended up entering into marriage.

Make sure you discuss what made you commit to each other and add supporting evidence, if you have it, of photographs, bills, joint leases, joint bank accounts, and anything else that shows proof that you and your spouse had an intent to share your life together and that you commingled your finances, liabilities, and social life together.

However, if the abuse that you suffered prohibited you from being able to get evidence or to put yourself on documentation, make sure that your affidavit goes into detail about this because the standard of evidence is any credible evidence. So provide what you can and if you do not have it, put in an explanation into your affidavit to explain why. What matters is that you explain your story and that your story makes sense.

Mistake #3

Now, even if your story makes sense and your relationship was completely real, your case can fall apart, especially if your marriage was not legally binding. This is actually one of the most frustrating ways that a VAWA case can get denied, especially where the applicant may have no idea.

The problem comes down to the paperwork from your previous marriage. If you yourself are the applicant filing for VAWA, you must show that you were free and clear to marry your current spouse. Otherwise, your marriage will not be considered legally valid. If your divorce happened in another country outside of the U.S., this is where things can get very tricky.

Sometimes people are misled by attorneys or document fixtures that make you think that your documentation is legitimate and legally obtained. However, for the purposes of immigration law, they may not be legally recognized.

We have seen cases come to us for help where USCIS denied the VAWA in its entirety because it was found after an investigation that the divorce documentation from a prior marriage of the applicant was not a real divorce certificate.

So if you think that your divorce paperwork might be an issue, make sure you speak to lawyers in your country to search and ascertain that your divorce documentation is valid.

Mistake #4

Next, another common reason why I see VAWA cases get denied is because people talk themselves into believing that what they suffered is not real abuse. People say that there were no bruises or police reports or medical reports, so it doesn't count. However, the law says that emotional and psychological abuse do count. The law itself does not require violence. It looks at cruelty, control, and how that treatment affected you over time.

If your spouse was constantly yelling at you, putting you down, humiliating you, calling you names, and controlling your finances, if they controlled how you dressed, who you talked to, when you went out, what you spent your money on, then this counts as abuse.

If they threatened to cancel your papers or not go to the interview or told you that no one will believe you because you're not a citizen, this may count as abuse and a mistake that I see is that people do not go into enough detail about what they have suffered emotionally in their affidavits and they get denied as a result because they are not able to properly explain what they went through.

So start by asking yourself:

• Did I change what I was doing because I didn't want to upset my husband or my wife?
• Did they make me feel small, ashamed, or powerless?
• Did I stop doing things that I loved, seeing people that I cared about, or speaking freely just because I didn't want to be ashamed by my husband or wife?
• Did I do everything in my power to keep the peace?

If the answer to any of these are yes, then you may have been subjected to extreme cruelty. Thereby, you should definitely discuss all of these in your affidavit so you maximize your chances of approval and of explaining your story.

Mistake #5

The next mistake is assuming that you don't have enough evidence just because you do not have a police report. That belief stops a lot of people from filing for VAWA, but VAWA does not require a police report. You just need to help USCIS understand what has happened to you through your affidavit, and you must show how your abuse has affected you. The legal standard is any credible evidence.

This could be a therapy letter, a psychological evaluation, an affidavit from a friend or family member or a co-worker, text, photos, counseling records, doctor's notes, a divorce complaint that mentions cruelty, or any other witness statement or pictures that show the aftermath of your abuse. So think about every aspect of your story and how it could be backed up in any way. If you have something, try to include it. If you don't, explain why in your affidavit.

Credibility doesn't come from one big document or one piece of evidence. It comes from the cumulative effect of what you show in your case, from your affidavit to the supporting evidence and even if you lack a lot of evidence, as long as your affidavit is detailed and consistent and shows what the abuse was and how it impacted you, you have a great case. I'll talk more about how to write that type of affidavit in just a moment.

Mistake #6

The next most common oversight that I see is not including any of the abusers' documentation. To qualify for VAWA, you must show that your abuser is a US citizen or a green card holder. So you must provide a copy of their US passport, their US birth certificate or nationalization document or a copy of their green card. But what happens if you don't have it?

Well, did you know that you can actually still request for USCIS to verify through their own records whether or not your qualifying abuser is a citizen? Start with including anything you know in your request to verify their status, including their full name, date of birth, social security number, A number, any piece of information that you have. If you did file taxes together, you can probably easily find their social security number because it'll be on the taxation forms.

You can also try filing a FOIA request to see if it turns up any information. And lastly, if your spouse ever files an I-130 or a fiancé visa for you, that is evidence of U.S. citizenship by itself.

Mistake #7

One of the biggest mistakes that I see is providing information on your VAWA application that is inconsistent with information that you've given on prior immigration applications.

If you have ever filed for a work permit, a green card, or anything in the past, Make sure that you know exactly what information you've provided to USCIS so that it stays consistent with what your paperwork is right now for your VAWA case. If your dates and addresses and stories don't line up, the chances are pretty high that they're going to notice right away and deny your case.

That's why it is most prudent to request copies of your past applications before you file your VAWA case. Go through everything line by line. Make sure your timeline matches and if something has changed or you've made a mistake, try to correct that mistake through explanation.

Mistake #8

Then, once your application information is consistent, the next thing is to make sure you don't get tripped up by something even more basic than that, which is the paperwork. I have seen valid applications get rejected without anyone ever reading those applications. Why? Because somebody filed with the wrong version of the form, or failed to include all the pages, or failed to properly sign the application, or sent it to the wrong address. That's all that it takes.

So make sure that you're using the most current version of every form. Follow USCIS instructions exactly, including where to mail it and what to include. Don't leave pages blank unless they say so and if you don't have a response for a field, it is still best practice to write an N slash A in the field and always remember to sign and date where indicated.

These are the easiest mistakes to avoid, but they can cost you a lot of time if you make them.

Mistake #9

Another common mistake is submitting documents that are not in English and failing to provide a proper translation. If it's not in English and not accompanied with a certified translation, USCIS may not accept it. It could be as though you never submitted it all. So every non-English document needs a word-for-word certified translation accompanying it. It does not need to be notarized.

And a small tip that I have for you is that your certified translation does not need to be done by a professional interpreter or translator. Whatever translation you have simply needs to be accompanied by a statement that says that I certify that this document is properly translated from language X to English and that I am fluent and able to read and write this language.

That is simply all that it takes to be considered a certified translation. However, make sure you don't do it yourself because that may create a conflict of interest.

Mistake #10

Another common mistake that may get overlooked is not including the proper police clearances or certifications. USCIS requires for you to submit a police clearance from every U.S. location you have lived in for at least six months in the preceding three years before your application and if you've been in the U.S. for less time than that, then you may be required to get a police clearance from the country that you're from.

One way to not get a police clearance from every jurisdiction is to submit an FBI report or other background search that may be accepted by USCIS in lieu of these clearances.

Mistake #11

Next, another common mistake that can hurt your case is failing to disclose all of your criminal history. USCIS runs full background checks so they see everything. So make sure to disclose every arrest, citation, or encounter with law enforcement and even if it was sealed, dismissed, or expunged, it needs to be disclosed. Make sure you also include official paperwork to show how each charge was resolved.

Mistake #12

Next, one of the most painful ways to lose a VAWA case is to miss a deadline. Sometimes it is a two-year window after divorce to file for VAWA. It could be the deadline for a request for evidence. Other times it could be missing a biometrics appointment if you forget to reschedule. USCIS does not send reminders. So keep track of every date, every notice, and every appointment. The moment something comes from USCIS, make sure you calendar it properly and if your divorce is recent, don't wait.

The two-year clock starts the day that your divorce is finalized.

Mistake #13

Another timing mistake that people often make is remarrying before their VAWA I-360 form is approved. If you get married and your I-360 is still pending, then USCIS will deny it because once you remarry, VAWA is off the table. So wait until after you have your I-360 approved, and ideally, wait until you have your green card and if you're not sure what to do, talk to a lawyer.

Mistake #14

Next, most VAWA applicants will not have an interview, but if you do have one and you're not prepared, you could seriously hurt your case. People assume that the officer just skims the affidavit and just asks a few questions, but VAWA interviews can be detailed. If you have an I-360 VAWA interview, Your statements and testimony at the interview should match the testimony you give in your affidavit.

If you contradict your statement or forget basic facts, then it can hurt your case.

But make sure that you know what type of interview you have, because if your interview is for the I-485, officers are not supposed to ask about the abuse because it has already been decided by USCIS. But sometimes officers will push the limit and ask you those questions and if you're not accompanied by a lawyer, then you may want to consider talking about the abuse. However, I always counsel people to never go alone to these interviews and definitely I recommend you prepare, prepare, and prepare in advance. Review all the basic details in your I-485. Know your timeline and practice explaining what happened to you and how it affected you.

Mistake #15

Another mistake is seeing people delay filing their cases for years because they feel guilty for even filing. You care about your spouse. You don't want to get them in trouble and you feel like filing for VAWA means that your marriage was a failure. If this is you, then I need you to hear this. Choosing to protect yourself does not erase the love that you have had in your spouse or the hope that you have had for your marriage.

You can still care about somebody, but still recognize that they're hurting you and filing for VAWA does not mean that you're hurting your spouse or that you are disloyal to them. First of all, the VAWA will not affect your spouse because it is confidential. Your spouse will not be notified, they will not get in trouble, and they will not suffer any effects. And second, you deserve to live a life of freedom and happiness. And you don't even have to be divorced or separated to qualify for VAWA.

So VAWA is not about punishing someone, it is about taking back control of your life and your immigration journey. Coming up, I'm going to share with you the single biggest mistake that I see applicants make on their VAWA applications. But before I do, I want to let you know that I am accepting new VAWA clients.

My name is Moumita Rahman, and I have been practicing immigration law for the past 15 years. My team and I have helped thousands of applicants all over the United States file for VAWA, and I would love the opportunity to do the same for you. If you would like my help on your VAWA case, give us a call at 212-248-7907. We are based in New York City, but we accept clients all over the United States.

Mistake #16

All right, now for the number one reason why I see VAWA cases get denied, it is because of a weak or vague affidavit. An affidavit is not just a formality, it is the core and heart of your case. It is where you tell your stories and your words and you explain what has happened to you and why you have suffered and why your relationship was real and legitimate and valid and help USCIS understand not just what happened but how it has affected you.

And if your affidavit is vague or inconsistent or not detailed enough, then it will harm your chances. And especially if you don't have a police report or other outside evidence, you need to make sure that your affidavit is strong. Make sure you include specific events and moments and how it's impacted you. Don't just list what happened, show and explain how it has changed you. And make sure your timeline is clear and matches the information on your forms and paperwork.

We have had clients approved with no other documentation other than an affidavit. So make sure you tell your story and make sure you tell it the right way.

If you want to learn more about how to write a well-detailed affidavit to help tell your story, one that can help carry your case even without police reports or other evidence, make sure you watch my video, The Number One Thing USCIS Looks For In Your VAWA Case.

In it, I break down exactly what USCIS officers are looking for and how to shape your affidavit so that it can help explain your story and convince the officer to grant your case. I'll include a link to that video above. So click now and I'll see you there.