Can I Get Deported if VAWA Is Denied?

Yes, there is a risk of deportation if your VAWA petition is denied, but it depends on your immigration status and circumstances.

Here’s a clear breakdown:

1. If You Have Legal Status

• If you are in the U.S. on a valid visa (e.g., student, work, tourist) and your VAWA is denied, you keep your existing status until it expires.
• You are not automatically deported just because of the denial.

2. If You Have No Legal Status (Overstayed or Undocumented)

• If you are out of status and your VAWA is denied, you may be placed in removal (deportation) proceedings.
• USCIS can refer denied cases to ICE (Immigration and Customs Enforcement) if the applicant is unlawfully present.

3. If You Are Already in Removal Proceedings

• You can still file for VAWA with the immigration court (EOIR).
• If denied, the judge may order removal, but you may also request other relief (like asylum, cancellation of removal, or voluntary departure).

4. Protection from Deportation While Pending

• While your VAWA petition is pending, USCIS generally does not deport you.
• Many applicants also apply for work authorization, which gives temporary protection.

Key Point

• A denial does not automatically mean deportation.
• The real risk depends on whether you have another valid status or relief option.
• Consulting an experienced immigration attorney is important because they can help you prepare a stronger petition and explore backup options if VAWA is not approved.