Key USCIS Update on the VAWA Residency Requirement (December 22)

Introduction

On December 22, USCIS published an update that has caused confusion among many VAWA self-petition applicants. The confusion centers around the residency requirement with the abuser and what applicants must prove to qualify.

This post explains what the rule actually means, what changed, and how it affects eligibility.

Key Changes to the VAWA Residency Requirement

1. USCIS clarified the requirement to have lived with the abuser  USCIS requires the victim to demonstrate that they lived with the abuser in the past or currently live with the abuser. This does not mean the victim must continue living with the abuser at the time of filing the VAWA petition.

   
   

2. Applicants do NOT need to live with the abuser when applying  The requirement does not state that the victim must still be living with the abuser when submitting the VAWA application. The confusion arises from how the rule is worded, not from a new obligation to remain in an abusive situation.

   
   

3. This requirement is not entirely new According to the information provided, this was actually the rule before 2022.In 2022, USCIS temporarily changed the language to allow applicants to qualify if they lived with the abuser during the qualifying relationship, even if it was not during marriage.That flexibility no longer applies.

   
   

What Is NOT Changing

• Victims are not required to remain living with their abuser in order to apply.

• Leaving an abusive household does not automatically disqualify a VAWA case.

• The requirement focuses on past cohabitation, not current living arrangements.

  
  

Important Clarification on Eligibility

According to the information provided:

• If you never lived with your abuser during the qualifying relationship, you do not qualify.

• For marriage-based VAWA cases, this means you must show that you lived with your spouse during the marriage.

  
  

The following situations do not qualify:

• Living together only before marriage, but never during the marriage.

• Never sharing a residence at any point during the qualifying relationship.

  
  

Important Dates & Deadlines

• December 22: USCIS published the clarification regarding the residency requirement.

• This clarification reflects a return to the pre-2022 standard, according to the information provided.

  
  

Why This Matters for Applicants

This clarification affects whether an applicant meets one of the basic eligibility requirements for VAWA.

Applicants who assumed that living together before marriage was sufficient may now discover that they do not qualify under the current interpretation.

Understanding this distinction early can help avoid filing an application that may be denied.

How to Prepare Your VAWA Case 

• Confirm whether you lived with your spouse during the marriage

• Gather documents that show shared residence (leases, bills, mail, affidavits)

• Review your timeline carefully to identify when cohabitation occurred

• Seek legal guidance if your living situation is unclear

  
  

Additional Tips

• If your case involves complex living arrangements, documentation becomes especially important.

• Every VAWA case is fact-specific, and small details about timing can affect eligibility.

• Do not assume that past USCIS rules still apply without confirmation.

  
  

FAQs – VAWA Residency Requirement

1. Do I need to live with my abuser at the time I apply for VAWA? 

No. According to the information provided, USCIS does not require victims to still be living with the abuser when applying.

2. Does living together before marriage count? 

No. If you only lived together before marriage and never during the marriage, you do not qualify under the current requirement.

3. What if I never lived with my spouse at all? 

According to the clarification, applicants who never lived with their spouse during the marriage do not qualify.

4. Is this a brand-new rule? 

No. According to the information provided, this was the standard rule before 2022 and has now been reinstated.

5. Why is this rule causing confusion? 

Because the wording suggests living with the abuser, but does not clearly state that cohabitation does not need to be ongoing at the time of filing.

Final Recommendation

If you are considering a VAWA self-petition, it is critical to review your living history carefully.  Eligibility now depends on whether you lived with your abuser during the qualifying relationship, not before it and not necessarily at the time of application.

Given the complexity of this requirement, consulting with an experienced immigration attorney can help clarify whether you qualify and how to document your case properly.

Contact Denise P. Cabrera – Immigration Attorney in Santa Ana to schedule a consultation and begin your path toward citizenship today.

Contact Information

📍 Office: 3000 W. MacArthur Blvd., Suite 305, Santa Ana, CA 92704

📞 Phone: (714) 855-6741

🌐 Website: www.attorneydpc.com