Does USCIS Investigate VAWA?
Yes, USCIS (U.S. Citizenship and Immigration Services) does investigate VAWA (Violence Against Women Act) petitions to ensure that only eligible individuals receive the protections offered under the program. The investigation is not adversarial like a criminal probe, but it is a thorough and careful review of the evidence submitted with the self-petition.
USCIS officers are specially trained to handle VAWA cases with sensitivity and confidentiality, considering the unique circumstances of domestic violence survivors. Their main responsibilities include:
- Verifying the legitimacy of the relationship between the petitioner and the abusive U.S. citizen or lawful permanent resident (spouse, parent, or child).
- Assessing the credibility and sufficiency of the abuse claims, which may include physical, emotional, or psychological abuse.
- Reviewing supporting documentation, such as police reports, medical records, affidavits from witnesses, and personal declarations.
- Ensuring there is no fraud or misuse of the VAWA provision, which exists to protect vulnerable individuals, not to facilitate immigration fraud.
In some cases, USCIS may request additional evidence (RFE) or conduct interviews to clarify details. However, interviews in VAWA cases are rare and generally conducted with great care to avoid re-traumatizing the survivor.
In summary, while USCIS does investigate VAWA applications, its goal is not to criminalize the petitioner but to verify eligibility and ensure that genuine victims of abuse receive the immigration relief they deserve.
