What If My VAWA Case Is Denied? -

A VAWA denial isn’t the end. Learn what your options are — from motions and appeals to new evidence — and how to protect yourself legally.

This article explains what to do if your VAWA self-petition is denied. It includes steps you can take, legal options like appeals and motions to reopen, and how to stay safe while figuring out your next move.

DISCLAIMER:

This is not legal advice. Immigration law is complex and time-sensitive. If your VAWA case was denied, talk to a licensed immigration attorney or qualified nonprofit organization immediately. Never give up without understanding your options.

Getting Denied Doesn’t Mean You Lied or Lost

If your VAWA case was denied, you’re probably feeling sick, scared, and confused.

You told your story. You followed the rules.
Now USCIS says “no.”

Don’t panic. You still have options.

First: Why Was It Denied?

There are many possible reasons, including:

Lack of evidence
Timeline issues (filed after divorce, too late)
Inconsistent information
USCIS didn’t believe abuse occurred
They couldn’t confirm your marriage was valid
Mistakes in your forms or missing documentation

The denial letter should explain why. Read it carefully. This helps determine what you can do next.

Your Options After a VAWA Denial

🔹 1. Motion to Reopen or Reconsider

You can ask USCIS to:

Reopen the case with new or missed evidence
Reconsider the decision if you believe they misunderstood something

Use Form I-290B, and file within 30 days of the denial (unless you qualify for late filing).

A motion to reopen must include new, material evidence — not just the same documents.

🔹 2. Appeal to the AAO (Administrative Appeals Office)

You can also appeal the denial through Form I-290B if you believe the officer made a legal or factual mistake.

Note:

Not every VAWA denial is eligible for appeal
Appeals are more technical than a motion
This path may take longer and usually requires legal help

🔹 3. Reapply with a Stronger Case

Sometimes the smartest move is to start fresh — especially if your original case had:

Weak supporting evidence
Poor documentation
A suspicious or low-quality attorney

If you refile, be honest. Mention the previous denial, and show how your new case is stronger and clearer.

🔹 4. Check If You Qualify for a Different Path

If VAWA doesn’t work, you might still qualify for:

A U Visa (if you helped police after abuse or crime)
A T Visa (if you were exploited, forced, or trafficked)
Asylum, in rare cases, if going home puts your life at risk
Deferred action while waiting for a new option to open up

Do NOT Leave the U.S. Until You Understand Your Status

Leaving the country after a denial may:

Trigger a 3 or 10-year reentry ban
Forfeit your appeal or reapplication options
Reset your timeline or make things worse

Talk to a qualified attorney before traveling — even for an emergency.

What If Your Lawyer Messed It Up?

Sadly, some lawyers:

File without enough evidence
Miss deadlines
File cases for people who don’t qualify — just to make money

If that happened:

File a complaint with the state bar (if needed)
Consider hiring a new attorney or nonprofit legal aid
Let USCIS know you were misled — it may help explain inconsistencies

Final Word

A denial doesn’t mean you were lying — it means your case wasn’t strong enough, yet.

You’ve already lived through the hardest part: the abuse.

Don’t let one letter take away your hope.
Regroup. Get help. Fight smarter.
Because you’re still worth protecting.