Dallas-Garland, TX VAWA Attorney

Proving Abuse & Gathering Evidence for Your VAWA Self-Petition 

Filing a VAWA self-petition can be emotionally and practically challenging, especially when gathering evidence to prove abuse. This can feel even harder if you're still living with your abuser or can't access police or medical records due to lack of ID or fear of retaliation. 

U.S. Citizenship and Immigration Services (USCIS) understands that survivors face barriers to obtaining traditional documentation. They use the "any credible evidence” standard, meaning that while official records like police or medical reports are helpful, alternative evidence is also accepted when primary documents are unavailable or unsafe to obtain. Your petition won’t be rejected just because you lack certain “first-choice” evidence, as long as the evidence supports your eligibility. 

Keep track of your attempts to gather records. Note dates, locations, and outcomes of your requests. For instance, if a police department denies your request for a report due to lack of ID, explain this in your petition.

Types of Evidence to Support Your VAWA Petition 

Here are examples of both formal and informal evidence that may help strengthen your case. Each situation is unique, and what’s available to you will depend on your circumstances:

• Police Reports - If law enforcement was involved during an incident of abuse, reports documenting these interactions can be powerful evidence.
• Medical Records - Records of injuries or treatments related to abuse can help corroborate your claims.
• Restraining Orders - Legal actions, such as protective orders, can serve as clear proof of abuse and the need for safety measures.
• Witness Statements - Affidavits or declarations from trusted friends, neighbors, or other individuals who are aware of the abuse you’ve suffered can provide valuable context.
• Personal Statement - Your own written account is a crucial piece of evidence.
• Other Credible Evidence - Letters, photos, text messages, emails, or even notes from the abuser can be submitted to highlight the nature of the abuse. 

Prioritizing Safety During the Process 

Your safety comes first during every stage of the VAWA self-petition process. Here is important safety advice to follow while gathering your evidence:

1. Use a Safe Mailing Address. Never use your home address where you may still reside with your abuser. Instead, use the address of a trusted friend, family member, or your attorney to receive sensitive correspondence. 
2. Secure Your Documents. Keep your evidence and copies of your petition in a safe place, preferably outside your home. Abusers should not have access to these materials. 
3. Obtain Help from Advocates. Agencies, shelters, or local non-profits that serve abuse survivors can assist with gathering records or writing statements on your behalf. 
4. Explore Authorization Options. You may authorize someone you trust to obtain certain records for you on your behalf. This can minimize your own direct risk. 

We understand that gathering evidence can feel like an insurmountable hurdle. We are here to help ease this burden by guiding you through how to find, compile, and present evidence that aligns with your situation. We’ll also make sure USCIS understands any challenges you’ve faced in meeting documentation requirements.

Common Mistakes to Avoid When Filing a VAWA Petition 

Filing a VAWA petition involves careful attention to detail. To avoid unnecessary stress and delays, be mindful of these common mistakes: 

1. Incomplete Form I-360 Submissions 
   Missing answers or failing to provide all required supporting documents can lead to processing delays or outright denial. 
2. Insufficient Evidence of Abuse 
   Failing to adequately document the abuse can jeopardize your petition. Always include a range of evidence to strengthen your case. 
3. Missed Deadlines or Filing Errors 
   Submitting your petition after deadlines or to the wrong USCIS address can delay the process significantly. 
4. Not Addressing Moral Character Concerns 
   Be upfront about past incidents that could impact moral character requirements, and provide explanations or mitigating evidence when appropriate. 

VAWA & Your Immigration Status: What Happens Next? 

Approval of your VAWA self-petition opens up new opportunities for you. While each case is unique, here’s what happens after a successful petition is approved:

1. Work Authorization 
   Approved petitioners may be able to apply for employment authorization, allowing them to work while their immigration status is resolved. 
2. Adjustment of Status 
   VAWA petition approval can enable you to apply for a green card, granting you permanent residency in the U.S. 

Local Resources for VAWA Self-Petitioners in Texas 

Here are a few organizations that offer essential support for immigrants experiencing abuse:

• Texas Council on Family Violence (TCFV): Resources for safety planning, housing, and emotional support. 
• Aid to Victims of Domestic Abuse (AVDA): Counseling and advocacy services in Houston. 
• SAFE (Stop Abuse for Everyone): Emergency shelters, counseling, and advocacy in Austin.