The Violence Against Women Act (VAWA) allows certain immigrant victims of domestic violence by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child to self-petition for immigration relief (e.g. a green card) without the abuser’s knowledge.
A VAWA petition (Form I-360) requires evidence of a qualifying relationship and abuse, as well as proof of good moral character. If USCIS needs more information, it may issue a Request for Evidence (RFE) asking for additional or missing documents. In fiscal year (FY) 2023, USCIS recorded 50,907 VAWA self-petitions (Form I-360) received and 7,817 approvals.
An RFE does not mean a denial; it means the USCIS officer needs further evidence to verify your eligibility. Responding fully and promptly to a VAWA RFE is critical. Failing to address all issues “adequately may result in a denial”. The process involves gathering comprehensive evidence and organizing a complete RFE response.
Why USCIS Issues an RFE in a VAWA Case?
When USCIS reviews a VAWA self-petition, they check that the applicant meets all eligibility criteria: a qualifying relationship (e.g. battered spouse of a U.S. citizen/LPR), proof of abuse (battery or extreme cruelty), continuous residence, and good moral character. If the initial evidence provided is insufficient or inconsistent, an officer will issue an RFE to obtain “missing information”. Common reasons include lack of proof of the relationship (e.g. no marriage certificate), lack of proof of abuse, or inadequate documentation of good moral character.
Importantly, VAWA cases use an “any credible evidence” standard. Officers must consider any evidence the applicant submits, even if primary documents are unavailable due to abuse (for example, if an abuser withheld or destroyed papers). The USCIS Policy Manual emphasizes that for VAWA petitions, “any credible evidence” should be accepted. Thus, you should be prepared to present alternative or secondary evidence if originals are missing, accompanied by affidavits or explanations of why certain documents cannot be obtained.
Immigration Benefits, Eligibility & Adjudication Process
At the same time, USCIS conducts thorough background checks and evaluates good moral character. If a criminal history or lack of police clearances is suspected, USCIS may inquire further. The policy manual notes that primary evidence of character is the self-petitioner’s sworn affidavit, and officers may not deny a VAWA petition simply for failure to submit criminal records if an affidavit attests to no arrests. Instead, the applicant should explain any missing clearances and provide whatever alternate evidence (e.g. police clearances or letters from authorities) they can.
In FY 2021, fewer than 42% of VAWA self-petitions filed by abused children were approved, while about 70% of abused-parent petitions were successful, showing how approval outcomes can vary and why it is crucial to respond promptly, establish eligibility, and provide as much supporting evidence as possible during the adjudication process.
Gathering Supporting Evidence for the RFE
The key to a successful RFE response is thorough supporting documentation. USCIS encourages petitioners to submit all evidence at their disposal in response to an RFE. In VAWA cases, that means both the documents USCIS asked for and any additional proof you have of the qualifying relationship and abuse. Useful evidence includes:
Relationship Documents
Proof of your qualifying family tie to the abuser. For a spouse petition, this means marriage certificates (or birth certificates for children) showing the marriage was bona fide. If prior marriages existed, include divorce decrees or annulment papers. For parent/child petitions, birth certificates, or adoption records, establish the parent-child link. Any official civil records (marriage licenses, divorce decrees, birth certificates) are primary evidence of these facts.
Proof of Abuse
Evidence that you were battered or faced extreme cruelty. This can include police reports or incident reports showing you reported violence, medical records of injuries sustained, counseling records, or restraining orders. Even if no report was filed, you can submit personal affidavits – detailed sworn statements by you and by friends, family, or counselors who witnessed or learned of the abuses. Photographs of injuries or damaged property can also corroborate your claims. Describe each abuse incident fully: dates, locations, descriptions and how you were affected. Keep copies of all official documents from courts or police and include them in your responses.
Identity and Status Documents
USCIS will check your identity and status, so include copies of passports, ID cards, visa stamps, and birth certificates for you and any children. If joint home or assets existed (like joint leases, bank statements, insurance, utility bills), submit them to show shared life with the abuser. Even financial evidence like bank statements or property titles can strengthen your case by illustrating cohabitation and joint responsibility.
Good Moral Character Evidence
VAWA law requires the petitioner to be of good moral character. Provide police clearance certificates or background checks from countries where you have lived. If you can’t get them, submit a signed statement explaining why (for example, if records are unavailable) and provide alternative affidavits attesting to your clean record. Letters attesting to your honesty, work, or community service can also help. USCIS notes that if clearances are truly unobtainable, they “may not deny” the petition if you have an affidavit stating you have never been arrested. Any evidence of volunteer work or community involvement can further demonstrate positive moral character.
In FY 2023, out of nearly 29,000 VAWA petitions filed by abused spouses, only around 7,000 were approved, illustrating the highly stringent standard in adjudicating these cases.
Prepare for Your RFE Response Package
Once you have gathered evidence, assemble a clear, complete response. USCIS expects the original RFE notice as the first page, followed by your response documents organized in logical sections. Include a cover letter at the start: briefly summarize how your submission answers each point in the RFE. Use bullet points or a table of contents that notes which page or tab contains, for example, “Marriage Certificate – Page 3” or “Affidavit of [Friend’s Name] – Page 5.” A well-written cover letter helps the USCIS officer quickly see that you have addressed all issues.
In FY 2023, the mean time from receipt of VAWA self-petitions by abused spouses until adjudication was about 31.1 months, underscoring how vital it is to submit complete documentation and avoid delays during the adjudication process.
When filling the packet, keep the original RFE letter face-up on top, and then include the requested evidence together with any additional documentation. Do not submit multiple packages – USCIS requires one complete submission. Label or tab each item (e.g. “Requested Item 1 – Marriage Certificate”, “Additional Evidence – Affidavit from John Smith”). If you resubmit a document the officer already had, write a brief note or notation to point out what the document is and why it’s relevant. For every item the RFE requested but you cannot provide (for example, a missing police report), include a concise letter of explanation. Explain the circumstances (e.g. the police destroyed old files, or the abuser fled with certain papers) and supply whatever alternate evidence or affidavits you have for the same fact. USCIS policy explicitly allows affidavits and alternate evidence when primary evidence is unavailable.
Important steps and tips for a complete RFE response include:
- Answer every point. Read the “Evidence Lacking” section of the RFE very carefully. Make sure your response package covers each deficiency listed by USCIS. Even if not explicitly asked, submitting extra relevant supporting documents can only strengthen your case.
- Explain and annotate. If you provide an alternate document (e.g. a notarized statement in lieu of an official record), write a brief cover note for it explaining what it is and why it substitutes for the requested document. For example, if USCIS asked for a marriage certificate you cannot obtain, include a letter explaining that fact, a copy of your sworn affidavit stating you were married at a specific date, and any secondary proof (like photos or invitations).
- Keep originals and copies. Make back-up copies of everything you submit. Send copies of affidavits, police reports, etc., to USCIS and keep the originals for your records (they may mail back originals later). Send your package via a traceable courier or USPS Priority Mail with delivery confirmation, and keep the postal receipt. This proves timely filing and avoids any doubt that the response arrived on time.
- Follow formatting rules. USCIS prefers documents in English with certified translations of any foreign-language evidence. Do not staple or hole-punch any pages. Use tabs or section dividers if needed, and ensure each document is legible. Provide translations for non-English evidence and label them clearly.
- Meet the deadline. The RFE notice will state a response deadline (often 60 or 87 days from the notice date). Mail your response well before that deadline. Remember, the “mailbox rule” does not apply – USCIS must receive your complete packet by the due date, not just postmark it. Late or incomplete responses will likely lead to denial.
By meticulously following these steps, you give USCIS no excuse to say the response is incomplete. An organized, “complete response” package with a cover letter and clearly labeled documents shows that you have acted thoroughly and responsibly. It demonstrates good faith and can make a significant difference in the adjudication.
Working with Immigration Attorneys and Services
Addressing a VAWA RFE effectively often requires legal expertise. An experienced immigration attorney or accredited legal assistant can guide you through gathering the right evidence and writing the response. They understand the technical language USCIS uses and know how to frame your detailed accounts of abuse in terms USCIS expects. For instance, attorneys know to highlight that VAWA’s “good faith marriage” and “good moral character” criteria are met by your documentation. They can ensure your cover letter cites exactly how each piece of evidence satisfies an eligibility requirement. If your RFE cites a USCIS policy or a specific regulation, a lawyer will see that and respond directly to it. As one legal guide advises, “consult an immigration attorney before submitting any information to USCIS.”
A lawyer can also help gather and prepare evidence: they may reach out to courts, police, or other agencies to obtain missing records (e.g. requesting a police clearance or divorce decree) or draft persuasive affidavits from you and witnesses. In FY 2023, VAWA self-petition approvals averaged about 30 months, but by early 2025, the wait had grown to more than 41.5 months, a sign of mounting delays even after the creation of the HART Service Center. With timelines stretching this long, professional guidance becomes even more important to keep cases moving and avoid setbacks. In short, legal assistance helps make your RFE response as strong as possible and reduces the chance of mistakes that could cause further delays or denial.
Facing a VAWA RFE With Confidence?
Stress about how USCIS investigates VAWA petitions, missing documents, or looming deportation proceedings can feel overwhelming. Whether you need to submit evidence of abuse, prove good moral character, or move forward toward lawful permanent residency, expert immigration services are key to strengthening your case.
The Chidolue Law Firm prepares RFE responses, guides VAWA self-petitioners through every USCIS request, and protects your path to approval with careful, case-by-case attention. We stand ready to support your petition at every step.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
Let’s build your RFE response with clarity and care.
