Starting in December 2024, USCIS will conduct interviews for some VAWA (Violence Against Women Act) self-petitioners who have both an I-360 petition and an I-485 application pending. Not all VAWA self-petitioners will be interviewed, and individuals with stand-alone I-360s will not be included at this time. USCIS will continue to adjudicate most of its I-360 workload without requiring interviews. This policy change aims to address a rise in VAWA filings and concerns about fraud in the program. Applicants who have presented truthful information to the government should not be concerned.

 

Interviews will be held at the USCIS Field Office with jurisdiction over the petitioner’s residence. Petitioners must attend in person, and legal representatives are allowed to accompany them. USCIS began mailing interview notices to the self-petitioner’s safe address and the legal representative, if any, in November 2024. The selection of cases for interviews may not follow a first-in, first-out order, while all other cases will continue to be processed based on their filing date. Failure to attend could result in denial, so it’s important to follow instructions on the notice if rescheduling is necessary. For clients of Agarwal Law Group, the firm will notify you within 1 business day of receipt of the interview notice in our office.

 

 

USCIS officers conducting these interviews are required to have specialized training and to use a trauma-informed approach. Interviews will cover eligibility for both the I-360 petition and the I-485 application. Petitioners should be prepared to discuss evidence submitted in their applications and respond to questions about their case. For clients of Agarwal Law Group, the firm will schedule an interview preparation session with an attorney prior to the USCIS interview.  Selection for an interview does not imply wrongdoing or predict the outcome of the case.

 

The Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center still has jurisdiction over VAWA I-360 petitions and will adjudicate the self-petition after reviewing the results of the interview. Once an I-360 is approved by HART, the Field Operations Directorate will take over and adjudicate the I-485 application. This change comes in response to a significant increase in VAWA filings and recent criminal investigations into VAWA fraud, including cases in New York, Massachusetts, and Maryland. USCIS believes the interview process will help improve program integrity, detect fraud, and address eligibility concerns. The agency plans to assess the practicality and effectiveness of expanding interviews to a larger portion of VAWA self-petitioners in the future.

 

If you have a pending I-360 and I-485 and are selected for an interview, it’s important to prepare thoroughly. Our firm can assist you in understanding the process, organizing your documents, preparing for the interview, and representing you at VAWA interviews.  Call us to schedule a consultation at 703-348-1663.