Does Cheating Qualify for VAWA?

Cheating by itself does not qualify someone for VAWA.

VAWA (Violence Against Women Act) is specifically for immigrants who can show they were subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child.

Why Cheating Alone Doesn’t Count

• Infidelity, unfaithfulness, or adultery is not considered battery or extreme cruelty under immigration law.
• USCIS will not approve a VAWA petition based only on the fact that your spouse or partner cheated.

When Cheating Could Support a VAWA Claim

Although cheating itself isn’t abuse, if the act of infidelity was part of a pattern of emotional or psychological cruelty, it might support your case. For example:

• If the abuser used cheating to humiliate, threaten, or control you.
• If the abuser constantly reminded you of the infidelity to cause mental anguish.
• If the abuser combined cheating with verbal, financial, or physical abuse.

In these situations, the cheating isn’t the reason for VAWA, but it may be evidence of emotional abuse that strengthens the petition.

In summary: 

Cheating alone does not qualify for VAWA. But if it is tied to emotional cruelty, threats, or abuse, it can be used as part of your evidence.

Also, read >> What Disqualifies You From VAWA?