Individuals considering a self-petition under the Violence Against Women Act (VAWA) may wonder if a police report is necessary for their application. VAWA allows certain individuals, including spouses, children, and parents of U.S. citizens or spouses and children of lawful permanent residents, to apply for immigration relief without the abuser’s knowledge or consent.

 

A common misconception is that a police report documenting physical violence is a requirement for a VAWA self-petition. While documentation of abuse is important, VAWA does not require a police report. The strongest evidence we submit supporting a VAWA petition is a detailed affidavit outlining various forms of abuse. The government understands that there may not always be proof from third parties, such as police reports if the abuse is mostly emotional.  When clients hire our firm for VAWA representation, we complete an approximately 2-hour call to obtain all details of the abuse.  We will ask questions and our client’s job is to be truthful and provide as many details as they can remember.  Our legal team will then organize the information received in a detailed declaration which our client will review, edit as needed, and sign.

 

 

Many survivors may choose not to report their abuse to police due to fear of retaliation or cultural barriers. The absence of a police report does not prevent an applicant from successfully obtaining VAWA relief. While a police report can be helpful, it is not a requirement for a VAWA self-petition. Many of our client’s have obtained VAWA approvals or VAWA approvals and a green card based on solely on emotional, psychological, verbal, and financial abuse in the marriage.

 

If you or someone you know is married to a US citizen or green card holder and may qualify for immigration benefits, please call our office at 703-348-1663 to schedule a consultation. Our team is here to guide you every step of the way.