Don’t File VAWA in 2026 Until You Watch THIS!

What does the VAWA process actually look like in 2026? Because I can tell you that it does not even look remotely the same as it did even two years ago. And if you are going to file for VAWA, you deserve to know what to expect before signing up.

My name is Moumita Rahman. I’ve been an immigration attorney for the past 16 years, and VAWA is one of my primary case types. I file VAWA almost every single day, so I see in real time exactly what USCIS is looking for and what is coming for people who are to file.

So in this video, I’m going to show you every stage of the VAWA process and how it works, the biggest changes underneath the current administration, and why filing can still protect you right now. And as a bonus, I’m going to tell you what to do if you are worried about ICE, so make sure that you stay tuned.

Filing Has Changed

So let’s start at the beginning with the filing, because even the first step does not work the way that it used to. A VAWA case begins with a form called the I-360. Your spouse doesn’t sign anything, they don’t sponsor you, and USCIS is required by law to keep your case confidential from your spouse. They cannot tell your abuser that you filed, and they cannot contact them for any reason. And filing is free—there is no government fee required for a VAWA application or for any application tied to it, such as the I-485.

Along with this form, you submit evidence that your marriage was real, it was entered into in good faith, that you shared a home with your spouse, that you have good moral character, and that you suffered either battery or extreme cruelty. The centerpiece of this application is your affidavit: a written statement where you tell us what happened to you and how you suffered.

Now, I want to stop at this phrase, “extreme cruelty,” because this is where most people count themselves out of the protection of VAWA. It’s important to remember that the abuse that you suffered does not need to be physical. Extreme cruelty covers the other type of abuse that focuses on power and control, and what happens behind closed doors: constant insults that destroy your confidence; controlling where you go, who you speak to, and what you spend; threats to call ICE or canceling your papers if you don’t obey. If your spouse used fear and control to take away your freedom, limit your movements, or limit your actions, you may qualify even if they never laid a physical finger on you.

Now, here is what’s different about filing today: USCIS is reading these cases even more closely than before. They have updated their policy manual, and officers are now being trained to scrutinize your affidavit for details, for consistency, and for language that sounds copied from other cases. The legal standard has not changed. USCIS must still use any credible evidence of what happened to you, which means you still don’t need police reports or medical reports, and you do not need to be divorced. But a case that is thrown together quickly, that is sloppy, and that is not checked for factual consistency can cause you to get denied. The way that your case is prepared at the first step shapes your outcome at the end.

After You File

So what actually happens once your case is filed? If your spouse happens to be a U.S. citizen, then you likely will not just file the I-360 alone by itself. You may also be able to file your green card application, the I-485, at the very same time, along with the work permit and a travel document. And this is one of the most powerful things about VAWA: even if you entered the country without papers, you overstayed a visa, or you worked without authorization, you may still be able to get your green card through VAWA without leaving the United States. Problems that block most people from being able to adjust their status in the United States simply get lifted because it is a VAWA application. This opens up the doorway for a lot more people than through a regular green card application.

Now, once everything is mailed, the first thing that you will be waiting for is your receipt notice. This is the government’s proof that your case is in their system, and it comes with a receipt number or a case number that you can use for tracking purposes. And this is where you need to reset your expectations from before. Whether you’re about to file or you have already submitted your case to the mailbox, receipts used to arrive within 30 to 60 days before. Right now, we are seeing receipts take anywhere from 4 to 6 months, sometimes longer, and people panic, thinking that their case might be lost or, worst, rejected. But it wasn’t. Humanitarian cases are simply not being prioritized underneath this administration, except to look for fraud. And your place is locked in line from the day that USCIS receives your case, whether or not they issue a timely receipt.

Now, once you do get your receipts, you will usually get your biometrics appointment notice. And this is the appointment where USCIS will take your fingerprints and your picture for background check purposes. Some of you will get an appointment notice, and others might get a letter saying that USCIS is recapturing previous biometrics. Both are completely normal.

Now, here is where things are definitely different from a couple of years ago. Previously, USCIS would be happy with one biometrics appointment notice. Now, we are seeing them issue appointment letters for every single application that you have filed, including the I-360, I-485, the I-131 Advance Parole application, and the I-765 work permit application. And you must make sure you attend all of your appointment notices in order to prevent a denial of either of those forms.

Now, somewhere in this stretch, people also used to get a prima facie determination. This is a notice that says that on its face, you appear to meet the VAWA requirements, and it is an early sign that you have passed initial screening. It also may entitle you to get certain public benefits that may be beneficial to you. Now, this is a place where things have changed as well. These notices are now arriving much later than they used to, and in some cases, they may not be issued at all—cases are simply moving forward without them. And one more thing that we are seeing is that we are receiving many more Requests for Evidence simply to issue a prima facie determination. It would appear that even though evidence is being submitted when it is being processed at the service center, it is not being looked at closely enough, therefore resulting in many more Requests for Evidence that are unnecessary.

Next comes the milestone that tends to change people’s lives the most: the work permit. Once it arrives, you can legally get a Social Security number and also obtain a driver’s license in most states. For many of my clients, this is the moment they stop depending on the person who has hurt them. But even here, there are some changes you must be aware of. Work permits that used to be issued with five years of validity period are now coming back with much shorter limits, so make sure you check the expiration date.

The travel document that I mentioned earlier—USCIS used to combine it on one single card with your ID. Now, they are often approving them separately, taking much longer to process the I-131 than before, and there is no reliable pattern as to when you will get your work permit. But honestly, this matters even less than before because my advice remains the same for all VAWA applicants: do not travel. Even if you have safely traveled on Advance Parole before, do not travel, because you risk being denied entry into the United States due to the view that the U.S. government is taking of many VAWA applicants. Think carefully for domestic flights, also. While it is good to have your Advance Parole document for emergencies, you really have to think ten times before you actually use it.

The Biggest Changes Yet

Now, after your work permit arrives, your case enters the longest and quietest stretch of processing. And this is where we are experiencing the two biggest challenges of 2026.

The first is the Request for Evidence, or RFE. This is a letter from USCIS asking for more documentation before they can process your case. The RFE used to be an exception; today, they are practically an expected part of the process. We are seeing more of them now than ever before during any point of my career, and I want to be clear that they are issuing them for even strong cases. I have received RFEs for people with clear proof of sexual abuse or physical abuse. I have even received an RFE twice on the same case after we have already submitted a response. So, if one shows up in your mailbox, do not be alarmed. It does not mean that your case is weak, and it does not mean that you are heading towards a denial. USCIS does not send an RFE on a case that they have already decided to deny. They send them when something is inconsistent, unclear, or simply when the officer has not reviewed the file closely. What matters is how you respond. You usually have 87 days to prepare and file your response, and you need to use this time wisely. Your response needs to be consistent, clear, and complete. And this is not the place to rush a panicked response.

And this brings me to the core of what has shaken VAWA applications to the core: interviews. For years, VAWA applications were decided completely on paper. You mailed your evidence, an officer reviewed it, maybe they issued an RFE, then they issued a decision. That era is ending. USCIS has started calling many VAWA applicants to an in-person interview at an immigration office. And they are asking about the entire VAWA case, not just questions to do with the I-485. You could be called in for an interview covering both your I-360 and your I-485, or you might still end up having no interview at all, getting your green card in the mail. There is no way to predict which one you are going to get. But don’t let that intimidate you. Make sure you prepare well for your interview, and make sure you do not attend without an attorney. In my office, we never send clients alone to these interviews.

Is It Safer To Wait?

Now, some of you are probably thinking: if there’s so much scrutiny, is it still worth the wait? And here is what I would say: waiting and doing nothing might feel safe, but it does not necessarily leave you invisible to the immigration system. A pending VAWA case can still offer you many protections. I have seen firsthand proof of this in several instances.

For example, we had a client in Minnesota who got grabbed by ICE during the protests. But she was able to show them her employment authorization along with the permission for Advance Parole that she had obtained through her VAWA case. And the officers, upon seeing her Advance Parole, let her go. This is someone who was completely undocumented before we filed. Without the case, there would be no work permit authorization, there would be no Advance Parole, and she would have no way of showing that she had an application in process.

And recently, a federal protection made this even stronger. ICE had been operating underneath a policy that was largely ignoring the humanitarian aspect of VAWA applications and arresting and detaining people even with pending applications. Now, there is an injunction and a class action that prevents the Department of Homeland Security from detaining people who have a pending VAWA application, T visa application, or U visa application. Before removing anyone with a case on file, the government must give deference to persons with pending applications. This covers roughly 600,000 survivors across the country. And I have seen firsthand in the courtrooms where we represent people who are in removal proceedings, seeing cases get dismissed simply because of a pending VAWA application.

And lastly, once your VAWA is approved, you get something called Deferred Action, and this protection becomes even stronger. ICE legally cannot deport you to your home country. But every one of these things depends on one thing: having a case on file.

Now, I have to be honest and let you know that this court ruling is still something that can be struck down. But to me, this is the strongest reason to act now. These protections exist today, but things are always evolving in this immigration landscape. Every month you spend waiting is every month somebody else gets in line in front of you, delaying your process even more. The smartest thing that you can do is get in line while the law is still on your side.

Get Help With Your Citizenship Case

My name is Moumita Rahman, and for the past 16 years, I have helped countless immigrants across the United States. While I am based in New York, we work with clients in every state. So if you are ready to find out if VAWA is the right pathway for you, give us a call at (212) 248-7907. We’re based in New York, but we have clients in all 50 states.

Now that you know what the VAWA process looks like in 2026, the next step is making sure that your case is strong enough to survive it. I showed you earlier how closely USCIS is scrutinizing these cases, so preparation is everything. In my video, “How to Win Your VAWA Case in 2026,” I break down exactly what USCIS wants to see, including the timing mistake that gets strong applications denied and how to prepare your affidavit well. I’ll include a link to that video here. Click to watch next, and I’ll see you there.