Hello, I am attorney María Mendoza. As we know, the new President-elect of the United States, Donald Trump, will take office on January 20, marking his return to the White House and the beginning of his new term amidst many uncertainties regarding immigration issues and controversial political proposals.
Below, I will briefly explain the possible changes we can expect under Donald Trump’s new administration.
Can Donald Trump Eliminate the VAWA Visa?
First, it is important to mention that the Violence Against Women Act (VAWA) was passed by the United States Congress in 1994 with the goal of providing a special pathway to legal immigration status for victims of domestic violence or abuse in the United States, who otherwise would depend on their abusers to apply for status.
For VAWA to be officially repealed in the future, it would need to go through a process of elimination in Congress. This means that the elected President does not have the authority to eliminate this law overnight.
Also of Interest: The Reality of the VAWA Visa: How to Qualify, Myths, Risks, and Considerations.
VAWA Visa Under the Donald Trump Administration: Possible Changes
It is true that Donald Trump cannot enter office and simply remove the VAWA visa, but he could regulate through USCIS (U.S. Citizenship and Immigration Services) that VAWA petitions undergo a more stringent review process.
It is very likely that within his new administration, there will be new confirmation filters for those waiting for the approval of their petitions. These could include:
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Requests for Evidence (RFE): It is possible that requests for evidence could increase for applicants.
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Mandatory Interviews for VAWA Visa Petitions: Starting in December 2024, USCIS began a random interview process for VAWA visa applicants in order to verify eligibility and the credibility of the evidence provided in cases.
Also of Interest: What Happens During a VAWA-Based Case Interview?
Risks of Submitting a Weak Case in VAWA Visa Applications
One of the biggest risks when submitting a VAWA visa application is providing a weak statement or supporting it with insufficient evidence. If the case is based on minor situations that do not meet the abuse criteria, there is a high risk it will be rejected, especially if evaluated by an immigration officer with strict criteria under this new administration.
Although the law only requires “credible evidence,” this does not mean that any type of evidence will be enough to obtain VAWA visa approval.
What Is the Most Important Aspect for VAWA Visa Approval?
Remember, the most important aspect to consider for VAWA visa approval is the applicant’s honesty. It is crucial not to lie, deceive, or distort the facts and evidence provided to USCIS. Immigration authorities carefully evaluate each piece of evidence, and any discrepancies could jeopardize your application. If your case is entirely truthful and well-prepared by an immigration attorney, you would not necessarily be at risk or face issues winning your VAWA visa case.
At The Mendoza Law Firm, we have over 15 years of experience managing cases related to humanitarian visas, including VAWA visas. If you or someone close to you is experiencing domestic abuse or mistreatment, do not hesitate to contact us. Get in touch with us!
¡La Lucha Sigue!
