Immigrants & Immigration

USCIS accepts “any credible evidence” to support a VAWA self-petition. This means that official documents like immigration or police records are not required. USCIS can consider written statements of the self-petitioner and other people familiar with the self-petitioner and their situation. As long as the statements or other evidence submitted is plausible, sufficiently detailed, and internally and externally consistent, USCIS should accept them. However, in reality, USCIS officers get to decide whether a person’s statement without official documents is enough. Therefore, it’s important to submit as many official documents as possible with a VAWA self-petition to help support a case.  

Read more about how USCIS reviews “any credible evidence” for VAWA self-petitions.

Yes, but all documents not in English must be translated into English. The translation must have a statement saying the translator is competent in both English and the non-English language used, and the translation is true and correct to the best of their ability, knowledge, and belief. The translation does not need to be notarized. 

A personal statement is a letter where the self-petitioner tells their story in their own words. It can be written and submitted in another language. If it’s written in a non-English language, a certified English translation must be included.

A statement should include details about the self-petitioner’s relationship with the abuser, including, if applicable, how they met. It should also include details about when the abuse started, and specific examples of what happened. The self-petitioner should also talk about their good moral character, such as being a good parent or helping their community.

At the end, the self-petitioner must sign it and write: “I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.”

A personal statement is as important as any other documentation in a self-petition. USCIS will consider personal statements seriously, even if the self-petition lacks official government or police documents. Tahirih Justice Center has a sample VAWA self-petition declaration available to look at. This is only an example of what a statement could look like. It’s important that a self-petitioner’s personal statement be unique and specific to their case.

A self-petitioner can submit copies of the following to prove the abuser is a US citizen or lawful permanent resident (LPR or green card holder):

• US passport,
• Birth certificate,
• Citizenship certificate, or
• LPR or green card.

If it’s not possible to get records of the abuser’s citizenship status, a self-petitioner can ask the government to search their own records.  To do this, make a request on a separate sheet of paper to include with the self-petition. They can ask the government to search their own records of evidence of the abuser’s citizenship. The self-petitioner should explain why they cannot get copies of their citizenship status. Having the abuser's Alien registration number (A-number) is helpful.

To prove their relationship to the abuser, a self-petitioner can submit:

• A marriage certificate, if filing because of an abusive spouse,
• Their birth certificate to show that they are the child of an abuser, or
• Their adult son or daughter’s birth certificate showing they are the parent of an abusive adult son or daughter.

To show they lived with the abuser, the self-petitioner can get copies of documents showing they lived together. This can include:

• Leases or mortgage documents
• Utility bills,
• Bank statements,
• School records,
• Tax filings,
• Insurance policies, and more.

The documents should show both the self-petitioner and abuser names if possible. If both names aren’t listed, submit separate types of documents, but that show a common address. For example, a self-petitioner can submit a copy of a lease with their name on it, and a utility bill with the abuser’s name on it. If no documents are available, include an affidavit (a signed, written statement) by any third-party who can confirm the self-petitioner lived with the abuser. This could be family members, close friends, school officials, medical or religious workers, or other members of the community who know both the self-petitioner and abuser. Any statements submitted by other people should be detailed, specific, and consistent with everything else in the petition. USCIS encourages self-petitioners to submit affidavits from more than one person.

People filing self-petitions based on abuse of a spouse have to provide a few more things. If either the self-petitioner or the abusive spouse was previously married, get copies of the divorce decrees showing the previous marriages ended. To show they got married in good faith, the self-petitioner can include documents like birth certificates of any shared children, and proof they’re listed as beneficiaries on each other’s insurance policies. Many of the documents submitted to show the self-petitioner and abuser lived together can also be used to show they have or had a good faith marriage.

If filing based on the abuse of a former spouse, include a copy of the divorce decree showing the marriage ended within the last two years.

If the abuser has died, provide a copy of the abuser’s death certificate.

A self-petitioner has to show the government that they have had “good moral character” for three years before filing. This generally means they have not gotten into serious criminal or legal trouble in the last three years. The self-petitioner will discuss why they have good moral character in their personal statement. It is still important to submit official documents, if possible.

The self-petitioner should get a police clearance letter from everywhere they’ve lived for more than six months, during the last three years. A police clearance letter is different from their criminal record. Their criminal record is a list of any charges or convictions they’ve had. A police clearance letter is a letter from a police department that says they have not had any criminal activity in their jurisdiction. If the self-petitioner has lived in Illinois for the last three years, they can get a police clearance letter from the Illinois State police. If they cannot get a police clearance letter, they can submit copies of their criminal records. If there are any criminal charges on their record, it’s important to speak to an experienced immigration attorney or DOJ accredited representative. The government will see the charges if they submit their full record, which is why it’s better to get a police clearance if they can.

If they’ve had any encounters with police in the last three years, it’s highly recommended to speak with an immigration attorney or DOJ accredited representative before proceeding. They will be able to tell if the charges might be bad for a case, even if they are not convictions.

If the self-petitioner has had trouble with the law during the last three years, they must disclose this. They might not automatically be disqualified from getting VAWA, but it’s important to explain what happened. This is especially important if that trouble was connected to the abuse they suffered. Be aware that the government may ask for their biometrics (fingerprints) to check their criminal record. If a self-petitioner does not disclose a criminal issue, and they discover it in their record, it may cause more problems. It’s better to tell the truth and explain what happened. A lie or false statement can have serious consequences for their immigration case.

Battery or extreme cruelty can include a lot of different behaviors. It could mean the abusive spouse physically hurt the self-petitioner. This includes if the self-petitioner has been physically restrained or prevented from leaving a place. It also includes non-physical forms of harm like:

• Verbal, emotional and mental abuse, 
• Extreme controlling behavior,
• Financial abuse, or
• Threats of deportation.

This is not a complete list of behaviors that could be considered "battery or extreme cruelty." An experienced attorney can help someone understand whether the abuse they suffered could qualify them for VAWA.

The self-petitioner will be talking about the battery or extreme cruelty they suffered in their personal statement. However, it’s important to submit official documents if possible. Provide copies of any available police reports, restraining orders, or other court documents available that have information about the abuse. If available, include medical records, or photos of injuries with dates and a short explanation of what happened. The self-petitioner should also discuss what happened in their personal statement that caused the injuries. They do not need every single one of these, but they should provide as much as they can.

The self-petitioner can also include written statements by third-parties who know about their relationship with the abuser and have direct, personal knowledge of the abuser’s battery or extreme cruelty. Any statements submitted by other people should be detailed, specific, and consistent with everything else in the petition. USCIS encourages self-petitioners to submit affidavits from more than one person. Third-party statements can be written in a non-English language, but a certified English translation must be included.