The Standard USCIS Must Apply in Deciding VAWA Cases is Very Favorable to the Applicants

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If you apply for VAWA and meet the eligibility requirements, USCIS must approve you. A recent practice advisory from CLINIC lays this out very clearly:

“USCIS has acknowledged that approval of a VAWA Self-Petition ‘is not discretionary’ under the statute. While USCIS’s position is that the good moral character requirement is discretionary, the actual approval of the self-petition if all requirements have been met is not discretionary. Therefore, if a VAWA Self-Petitioner meets all of the eligibility requirements, the self-petition must be approved. A self-petitioner who meets all eligibility requirements does not need to make an additional showing that her VAWA Self-Petition should be approved as a matter of discretion.”