Lisinski Law Firm
Filing a VAWA case is not the same as filing a police report. The information submitted as part of a VAWA self-petition is subject to special confidentiality protections and does not, by itself, function as a police report against the abuser. The VAWA visa is designed to protect the privacy and safety of victims of abuse. In our experience representing clients in humanitarian cases, we know that many may hesitate to start a VAWA case out of fear of harming their spouse, former spouse, or child. That is why understanding VAWA confidentiality standards can provide peace of mind when moving forward with the process.
VAWA is a confidential and independent self-petition. This means that the abuser does not need to know about the petition, give consent, or participate in the process. USCIS has special confidentiality protections for VAWA cases, with the goal of protecting the applicant’s privacy and safety throughout the immigration process.
“You have the power in the case, and it is 100% confidential.”
Angel Lisinski, CEO and Founding Attorney of Lisinski Law Firm
USCIS evaluates evidence of abuse confidentially. This information may include the applicant’s personal declaration, statements from other people, photographs, medical records, or other available evidence. The abuser does not participate in this evaluation and does not need to review or approve the evidence submitted for USCIS to make a decision on the case. Submitting evidence of abuse as part of a VAWA self-petition is not the same as filing a police report against the abuser. The information in the case is subject to special confidentiality protections.
VAWA allows certain eligible individuals to apply for an immigration benefit without depending on an abusive family member. This could help prevent situations involving manipulation or threats based on immigration processes such as a Family Petition, where the U.S. citizen or lawful permanent resident relative has all the power over the case. Many people believe that a Family Petition is their only option to obtain legal status, but VAWA offers a safe and independent alternative.
Depending on each person’s circumstances and eligibility, a VAWA case could also open the path to immigration benefits such as employment authorization (work permit) and permanent residence.
The purpose of a VAWA self-petition is to allow certain eligible individuals to seek immigration protection without depending on the abusive family member; it does not mean that criminal proceedings will be initiated against the abuser. Filing a VAWA self-petition with USCIS does not, by itself, mean that the abuser will be arrested, deported, or face criminal charges. As immigration attorneys dedicated to keeping families together, we know that many applicants are concerned about harming a child, spouse, or former spouse. That is why we carefully evaluate each person’s particular circumstances before recommending how to proceed. Our team handles VAWA cases while taking into account both the immigration options available and the particular concerns of each client and their family.
“The case is very confidential. Nothing will go on the other person’s record.”
Angel Lisinski, CEO and Founding Attorney of Lisinski Law Firm
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