VAWA Self-Petition: Evidence You’ll Need

While the procedure of filing a VAWA self-petition may be overwhelming, it gives you total freedom from the abuser. 

Indeed, compiling the correct documents before filing a claim is a step in the right direction. And in this article, you will learn about the most important information to attach to your self-petition. 

Some Pieces of Evidence to Include in Your VAWA Self-Petition

Below is a list of documents to attach to your VAWA self-petition:

1. Personal Statement: A Personal Statement can also be called a Personal Declaration. Here, you give an elaborate and accurate explanation of your relationship with the abuser and why you are qualified to file a VAWA self-petition. Describe the treatment you endured in your declaration too.
2. Pictorial Evidence: This involves attaching visible proof of your living situation with the abuser. This evidence is tangible because it shows images of injuries and property damages if there are any. When you attach these photographs to your VAWA self-petition, add the dates and explain how and where the abuse occurred.
3. Communication Evidence: This is also called virtual interactions. It serves as direct evidence of harassment and threats. It may include emails, texts, recorded phone conversations, and letters. It is advisable to preserve all evidence of manipulation and present them in a clear format while filing your VAWA self-petition. 
4. Written Statements: People who witnessed your abuse can provide an affidavit to support your claim. They may be family, friends, coworkers, or even neighbors. Their input gives your narration credibility and clarifies the situation in your VAWA self-application.
5. Police and Court Records: Any police report, restraining orders, or court papers about the abuse can help your VAWA case. When enforcement agencies acknowledge instances of domestic violence, police or court documents get created. Theses documents provide official accounts that include dates and descriptions of reported abuse. They also prove that the petitioner looked for help. 
6. Medical Records: Reports from experts in the medical field that provide evidence of abuse can be attached to the VAWA self-petition. Medical reports could also be doctor visits or injury treatments that document trauma and stress. 
7. Financial Records: Documents highlighting financial abuse can also help your VAWA self-petition. These documents may consist of bank statements that reveal unapproved transactions or evidence of the abuser preventing your access to money. 
8. Psychological Evaluation Reports: Evaluations from therapists also show the effects of the abuse on the victim. It could be a recording or notes describing the emotional turmoil of the petitioner.  Your VAWA self-application stands a better chance of approval with this report.

The Proper Way to Write Your Declaration 

While filing a VAWA self-petition, write your declaration in your own words. It must also be accurate, and the points legibly explained. The proper way to write your declaration is listed below. 

First Segment

The first segment should begin with the statement: “I swear under penalty of perjury that the following is true and correct to the best of my knowledge.” While writing this segment, you should include details like these: 

• Who the abuser is to you. 
• How did you meet your abuser?
• How long have you been together?
• If your spouse is the abuser, state how long you dated before marriage. 
• State how many children you have together. 
• Talk about the living conditions with your abuser. 

Note that your declaration has to be free of lies or exaggeration. A properly written declaration can positively impact your VAWA self-petition. 

Second Segment

Write clearly about the types of abuse you suffered. They could be sexual, physical, financial, or verbal. It is advisable to write the worst scenarios you encountered without fabrication. Include when and where each form of abuse happened in your VAWA self-petition.  Some other details to include are: 

• At what point did the abuse start?
• How did the spouse/parent/child act towards you after the abuse? 
• Did you receive medical treatment?
• Were you further threatened?
• State the other people who have experienced assault as well. For example, the children. 

Third Segment

At the end of your declaration, you should include documents that prove your moral uprightness. This is because such documents that prove “Good Moral Character” can largely affect the outcome of your VAWA self-petition. Some examples are: 

• Employment letters and recommendations.
• Proof of humanitarian work. 
• Testimonial from your religious institution. 

Every segment must contain as many details as you can recall. The more points you can prove, the greater your chances of approval. 

What do You do if Your VAWA Self-Petition Gets Denied?

Seeing the “Case Was Denied” on your USCIS status after filing a VAWA self-petition can be demoralizing. However, this does not mean you are out of options. Here is what to do if your VAWA self-petition gets rejected:

1. Appeal the Rejection: The main reasons for appeal are usually a mistake in the law, the existence of new evidence, and the misinterpretation of information. Work with a good lawyer if any of these is your case.
2. Restart the VAWA Self-Petition Process: Sometimes, appealing a denied VAWA self-petition does not pay off.  In this case, it is advisable to refile your case. But before you refile, check if you are still eligible for VAWA.
3. Explore Other Alternatives: If your I-360 VAWA application gets denied and you are no longer eligible to file, you can apply for a T visa if this applies to you. This visa offers protection to victims of trafficking. However, if you are still married or your divorce is still valid, you can refile your VAWA self-application.

But then, “What is the difference between appealing and refiling?” you may wonder. 

Well, when you appeal, immigration officers review the information you have already provided. However, refiling a VAWA self-petition is starting from the beginning. Submit better pieces of evidence and correct every mistake in your first application. 

The Coleman Law Group Can Help You

At the Coleman Law Group, we understand the mental and legal struggles survivors of domestic violence go through. For this reason, our highly qualified and experienced legal team are dedicated to guide you through the process of your VAWA self-petition. Contact us today.