VAWA: How To Handle An RFE And USCIS Interview
12 December 2024Author: New York Immigration lawyer Alena Shautsova
Recently USCIS announced that applicants for VAWA who also filed for adjustment of status (form I 485) will be called for a USCIS interview. While the practice of calling an applicant for a USCIS interview is nothing new, it has been used sparingly in VAWA cases. Now, it seems USCIS will expand it.
Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) regarding your Violence Against Women Act (VAWA) self-petition can be daunting. However, it's an opportunity to strengthen your case by providing additional documentation to establish eligibility. This guide offers practical advice on addressing RFEs related to VAWA petitions, focusing on common areas such as proving a bona fide marriage and substantiating claims of abuse.
Understanding the RFE
An RFE is a formal request from USCIS for additional information or documentation to make a decision on your application. It indicates that while your initial submission was insufficient in certain areas, USCIS is providing you the chance to supply the necessary evidence. Common RFE topics in VAWA cases include:
Bona Fide Marriage Evidence:
Proof that your marriage was genuine and not solely for immigration purposes.
Abuse Evidence:
Documentation supporting claims of battery or extreme cruelty.
Good Moral Character:
Evidence demonstrating your adherence to moral and ethical standards.
Responding to the RFE
Carefully Review the RFE
Read the RFE thoroughly to understand what specific information or documents USCIS requires. Each point mentioned needs to be addressed comprehensively.
Gather Relevant Evidence
Collect documentation pertinent to each request. For a bona fide marriage RFE, consider providing:
- Joint Financial Records: Bank statements, tax returns, leases, or mortgages showing both names.
- Photographs: Images from various occasions demonstrating your relationship over time.
- Affidavits: Statements from friends or family attesting to the authenticity of your marriage. Make sure the affidavits either notarized, or contain the following words that make them sworn declarations for Federal purposes: “I declare under the panlties for perjury under the laws of the USA that the following is true and correct”. In the end, the person has to sign their declaration/affidavit and always add the date of the signature.
For an abuse RFE, include:
- Medical Records: Documentation of injuries or treatments related to abuse.
- Police Reports: Any reports filed concerning incidents of abuse.
- Counseling Records: Evidence of therapy or counseling sessions addressing the abuse.
- Personal Statements: Detailed accounts of the abuse, including dates, locations, and descriptions.
To demonstrate good moral character:
- Background Checks: Police clearance certificates from places you've lived. Use www.printscan.com to order FBI self-background check. However, if within 3 years prior to submitting your VAWA I 360 form you resided overseas, you will need to provide the results of the background check from overseas jurisdictions as well.
- Community Involvement: Letters or certificates showing participation in community service or organizations.
Organize Your Response
Present your evidence in a clear, logical manner. Use tabs or labels to differentiate sections, and include a cover letter summarizing the contents and how they address each point in the RFE. Do not staple or hole punch your documents. Make sure they are all single-printed.
Meet the Deadline
USCIS specifies a deadline in the RFE, typically up to 87 days from the date of the request. Ensure your response is submitted well before this deadline to account for any unforeseen delays. Late submissions can lead to denial of your petition.
Consult Legal Assistance
Given the complexities of VAWA petitions, it's advisable to consult with an immigration attorney experienced in such cases. They can help ensure your response is thorough and appropriately addresses USCIS's concerns.
Practical Tips
- Maintain Copies: Keep duplicates of all documents you send for your records.
- Use Reliable Mailing Services: Send your response via a trackable mailing service to confirm timely delivery.
- Provide Comprehensive Evidence: Even if not explicitly requested, include any documentation that supports your case to preempt further RFEs.
- Stay Informed: Regularly check USCIS communications and your case status online to stay updated on any developments.
An RFE in your VAWA case is a chance to fortify your petition. By meticulously addressing each request and supplying comprehensive evidence, you enhance the likelihood of a favorable outcome. Remember, seeking professional legal guidance can be invaluable in navigating this intricate process.
USCIS Interview for VAWA cases
This interview is a critical step in your journey toward gaining legal status in the United States, and being well-prepared can make a significant difference in the outcome of your case. As a New York immigration lawyer, I aim to provide you with detailed guidance, practical tips, and the legal context necessary to face this process with confidence and clarity. VAWA is authorized under INA § 204(a)(1), which allows victims of domestic violence, battery, or extreme cruelty to self-petition for legal status. The adjudication process is detailed in the USCIS Policy Manual, emphasizing the importance of evidence and personal testimony in establishing eligibility.
What Is the USCIS VAWA Interview?
While VAWA petitions are adjudicated primarily through documentation, USCIS may sometimes schedule interviews. This typically happens when they need additional clarification or when certain evidence is missing or inconsistent. The purpose of the interview is to verify the information in your self-petition, assess your credibility, and address any questions USCIS may have about your case.
Key Areas of Focus During the VAWA Interview
Relationship with the Abuser
USCIS will inquire about the nature of your relationship with the abuser, including:
- How you met
- Your marriage or relationship timeline
- Evidence that the marriage or relationship was bona fide and not entered into for immigration benefits.
Proof of Abuse or Extreme Cruelty
Questions may center around the abuse or extreme cruelty you endured, including specific incidents, how they affected you, and any evidence supporting your claims.
Living Arrangements
USCIS may ask about your shared residence with the abuser to confirm cohabitation.
Good Moral Character
You may be asked about your personal background, including criminal history, community involvement, and overall conduct.
Eligibility for adjustment of status
(usually inquiries relate to possible fraud/misrepresentation inquiry, previous marriages bona-fides, claims of US citizenship, criminal charges, etc.)
Preparing for the VAWA Interview
1. Understand Your Case Inside and Out
Review all documents submitted with your VAWA self-petition, including:
- Personal affidavits
- Police reports
- Medical records
- Counseling records
- Affidavits from friends or family
Be prepared to discuss these documents and answer questions about them.
2. Practice Telling Your Story
USCIS will likely ask you to recount the abuse or extreme cruelty you endured. Practice telling your story clearly, truthfully, and with as much detail as you feel comfortable sharing.
3. Gather and Review Additional Evidence
Bring original copies of any documents submitted with your petition, as well as any new evidence that may strengthen your case, such as:
- Updated police clearance certificates
- Recent therapy or medical records
- Additional affidavits from witnesses
4. Prepare for Common Questions
USCIS officers may ask:
- How did you meet your spouse?
- What led you to file a VAWA petition?
- Can you describe specific instances of abuse?
- Did you ever seek help, such as counseling or police assistance?
- How has the abuse affected your daily life?
5. Be Honest and Consistent
Consistency is crucial. Ensure your answers align with the information and evidence already submitted.
6. Dress Professionally and Arrive on Time
First impressions matter. Dress appropriately and arrive at least 30 minutes before your scheduled time. Bring a government-issued ID and your appointment notice.
7. Consult an Immigration Lawyer
An experienced immigration lawyer can help you prepare for the interview, address potential issues, and ensure that you present your case in the best possible light.
What to Bring to Your VAWA Interview
Personal Identification
- Passport
- State-issued ID
- Any USCIS appointment notices
Original Documents
- Marriage certificate (if applicable)
- Birth certificates of children (if applicable)
- Divorce decrees or death certificates for prior marriages (if applicable)
Supporting Evidence
- Originals or certified copies of documents already submitted
- Additional evidence supporting your case
Attorney Representation
If you have legal representation, your attorney should attend the interview with you to address any legal concerns and ensure your rights are protected.
Tips for the Day of the Interview
Stay Calm
It’s normal to feel nervous, but remember that the officer is there to assess your case, not to intimidate you.
Answer Questions Directly
Listen carefully to each question and provide concise, truthful answers. Avoid providing unnecessary details unless asked.
Ask for Clarification
If you do not understand a question, do not hesitate to ask the officer to repeat or clarify it.
Do Not Argue
Maintain a respectful tone, even if the questions feel invasive or challenging. Your demeanor can impact how the officer perceives your credibility.
USCIS officers are trained to assess the credibility and consistency of petitioners' accounts while ensuring that survivors of abuse are treated with dignity and respect.
Common Challenges and How to Overcome Them
Memory Lapses
If you cannot remember certain details, be honest about it rather than providing inaccurate information.
Lack of Evidence
If your documentation is limited, focus on providing a compelling personal account supported by affidavits from people who can corroborate your story.
Language Barriers
If English is not your first language, request an interpreter in advance to ensure clear communication during the interview. Currently, USCIS advises that you bring your own interpreter to the interview.
As an immigration lawyer, I understand the emotional weight that accompanies a VAWA case. Recounting traumatic experiences can be difficult, and my goal is to provide empathetic, comprehensive support to each client. You do not have to face this process alone; I am here to guide you every step of the way.
A USCIS VAWA interview is an opportunity to present your case in person and address any concerns USCIS may have. By preparing thoroughly, staying calm, and seeking professional assistance, you can maximize your chances of success. As a New York immigration lawyer, I have extensive experience helping clients navigate the complexities of VAWA cases. Contact my office today for personalized guidance and support.
For more resources, visit USCIS.gov, my website.