On November 11, 2024, U.S. Citizenship and Immigration Services (USCIS) hosted a virtual briefing to discuss upcoming changes to the Violence Against Women Act (VAWA) program.
Key updates are summarized below:
- Interviews for Certain VAWA Self-Petitioners: Starting December 2024, USCIS will begin conducting interviews for select VAWA self-petitioners who have both an I-360 and an I-485 pending. However, not all self-petitioners will require an interview. Individuals with stand-alone I-360 applications will not be interviewed at this time. A large portion of I-360 cases will continue to be adjudicated without interviews.
- Reason for Change: USCIS is implementing interviews due to a significant increase in VAWA filings and recent criminal investigations into VAWA-related fraud in New York, Massachusetts, and Maryland.
- Program Integrity and Future Plans: USCIS believes these interviews will enhance the integrity and effectiveness of the VAWA program by detecting fraud and addressing eligibility concerns. The agency will assess the feasibility of expanding interviews to a larger portion of self-petitioners in the future.
- Interview Notices: Interview notices will be sent to the self-petitioner’s safe address and their legal representative, if applicable, starting in November 2024. Case selection for interviews may not follow a strict first-in, first-out process. Cases not selected for interviews will be processed based on their filing date.
- Interview Locations and Attendance: Interviews will be conducted at the USCIS Field Office with jurisdiction over the self-petitioner’s residence as listed on Forms I-360 and I-485. The self-petitioner must attend the interview in person, and a legal representative may accompany them. Interviewing officers may participate either in person or remotely.
- Failure to Attend: If a self-petitioner fails to appear for a scheduled interview, their petition may be denied. Rescheduling instructions will be provided in the interview notice.
- Interviewing Officers and Approach: Officers conducting interviews may not necessarily be from the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center but will be selected for their experience and training. Interviews will follow a trauma-informed and victim-centered approach in compliance with 8 U.S.C. § 1367.
- Interview Scope: Interviews will cover eligibility for both I-360 and I-485. Petitioners should be prepared to discuss all submitted documents and information in their A-file. Selection for an interview is not a negative indicator and does not suggest a specific case outcome.
- Jurisdiction and Adjudication: The HART Service Center retains jurisdiction over VAWA I-360 cases and will adjudicate the petitions after considering interview results. Once an I-360 is approved, USCIS’ Field Operations Directorate will handle the I-485.
- Public Awareness Campaign: USCIS plans to launch a broader public awareness initiative to address VAWA fraud.
HSD Immigration Lawyer will continue to monitor and share additional updates as USCIS releases pertaining to VAWA program.
Contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC, for additional information about this recent announcement and for filing a VAWA petition.