FOR IMMEDIATE RELEASE
Contact:
Laura Trask
Director, Development and Communications
[email protected]
January 12, 2026 (Washington, D.C.) — Ayuda expresses serious concern regarding the December 22 USCIS Policy Manual update affecting VAWA self-petitioners. Although USCIS has characterized these revisions as mere clarifications, the proposed language appears to narrow longstanding interpretations of eligibility, evidence, and adjudicative discretion in ways that risk erecting higher and more rigid barriers for survivors seeking protection under the Violence Against Women Act.
Among other changes, the revised guidance asserts broad USCIS authority to determine the credibility and weight of all evidence submitted, without clear standards or safeguards. It conditions eligibility on proof that a survivor resided with the abusive spouse or parent during the qualifying relationship, a requirement that would exclude survivors who were forced to flee for safety.
The guidance also places heightened emphasis on primary documentary evidence to establish a good-faith marriage, despite longstanding recognition that abuse frequently prevents survivors from accessing, retaining, or safely obtaining such records. Additional revisions alter the treatment of step-relationships following the death of a parent or child, requiring survivors to affirmatively demonstrate the continuation of a relationship with the remaining abusive family member after filing, an expectation that is often unrealistic and unsafe.
VAWA was enacted as a humanitarian safeguard for individuals escaping abuse. Policy shifts that prioritize formal documentation, heightened scrutiny, or restrictive readings of survivor narratives increase the risk of unjust denials for individuals already navigating profound trauma, instability, and fear. Survivors of domestic and sexual violence frequently lack access to traditional forms of evidence precisely because of the abuse they endured. Trauma can affect memory, consistency of testimony, and the ability to safely obtain records, police reports, or corroborating statements.
The proposed language changes raise concern that adjudications may increasingly rely on credibility frameworks that fail to account for trauma-related responses, disproportionately harming survivors who are undocumented, isolated, or economically dependent on their abusers. Without explicit and enforceable trauma-informed standards, these revisions risk re-traumatizing applicants and undermining the core intent of VAWA by privileging procedural rigidity over survivor safety and lived reality.
Ayuda urges USCIS to pause implementation and critically reassess the impact of these changes through a survivor-centered and trauma-informed lens. This includes meaningful consultation with survivor advocates, legal service providers, and impacted communities, as well as robust training for adjudicators on the dynamics of abuse and trauma. Policies governing VAWA self-petitions must err on the side of protection, not exclusion.
At a time when survivors already face immense legal, emotional, and physical risks, immigration policy should serve as a pathway to safety and stability—not another system that deepens harm or fear.
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About Ayuda:
Ayuda provides direct legal, social, and language access services to low-income immigrants in Washington D.C., Maryland, and Virginia. Since 1973, Ayuda has served more than 150,000 immigrants throughout the region. Ayuda is the only nonprofit service provider in the area that provides a wide range of immigration and family law assistance, social services, and language access support for all immigrants – including women, men, and children – from anywhere in the world. Visit www.ayuda.com to learn more.