No police report, no arrest, no conviction: what VAWA really requires
You do not need a police report, an arrest or a conviction of the abuser to file a VAWA self-petition. USCIS must consider any credible evidence. The U visa is different: it needs a signed certification from an authority, but not a conviction or an arrest of the abuser. Here is how each works.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Our position is simple, and the law supports it. A VAWA self-petition does not require a conviction of the abuser. It does not require an arrest. It does not require a police report. Many survivors never called the police, and the law makes room for them.
What the law requires is proof of each element, by a preponderance of the evidence, meaning more likely than not (3 USCIS-PM D.2(A), D.5(B)). And it tells USCIS how to look at that proof: it must consider any credible evidence, and the weight is in its sole discretion (INA 204(a)(1)(J); 8 C.F.R. 204.2(c)(2)(i)).
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Why no police report is required
Start with what the law asks for. A spouse proves a qualifying marriage entered in good faith, battery or extreme cruelty during the marriage, shared residence with the abuser during the marriage, and good moral character (INA 204(a)(1)(A)(iii), (B)(ii); 3 USCIS-PM D.2). Children and parents prove parallel elements (INA 204(a)(1)(A)(iv), (A)(vii), (B)(iii)). None of those elements is a police report, an arrest or a conviction.
Then look at how the elements are proved. The Policy Manual says a self-petition may not be denied for failure to submit a particular piece of evidence, and that no specific type of evidence is required (3 USCIS-PM D.5(B)). When it lists the kinds of evidence that can show abuse, police reports are one item among many, next to medical records, school records, records of seeking shelter or services, photographs and protection orders (3 USCIS-PM D.2(E)(2)).
So a police report helps if you have one. It is not the door. The door is the whole record, and you can build that record without the police.
If there is a report, a case or an order
Some survivors do have paper from the police or the courts, even if nothing came of it. An officer came to the home and left. The abuser was arrested and the charges were dropped. A criminal case ended without a conviction. A family court issued an order. Each of these can still be evidence of the abuse: the Policy Manual lists police reports, court records and protection orders among the kinds of evidence that can show it (3 USCIS-PM D.2(E)(2)). What the criminal case decided about the abuser does not decide your immigration case. USCIS weighs the whole record, under the any credible evidence rule (INA 204(a)(1)(J)).
Gather what exists, but do it safely. Requesting records can leave a trail, so talk to us first about how and where copies are sent. We do not tell anyone whether to seek a protective order; protective orders explains what one does to the immigration case.
The same rule in other VAWA filings
- The I-751 abuse waiver. USCIS must consider any credible evidence (INA 216(c)(4)), and the Policy Manual says applicants for the battery or extreme cruelty waiver are not required to submit a recommendation from a mental health professional (6 USCIS-PM I.5(C)). See the I-751 waiver.
- VAWA cancellation in immigration court. The judge must consider any credible evidence (INA 240A(b)(2)(D)). See VAWA cancellation.
What works instead
Strong cases without a police report usually rest on three things: a detailed account, people who can back it up, and whatever records exist. The Policy Manual says detailed, specific and corroborated evidence carries more weight, and that inconsistencies with DHS records can undercut the rest (3 USCIS-PM D.5(B)). Build for that.
- Your declarationYour own account, in your own words: what happened, when, where, how often, and what it did to you. It is often the center of the case.If dates are hard, anchor them to moves, jobs, holidays or a child's school year.
- People who saw it or heard about itStatements from friends, family, neighbors, coworkers, clergy, teachers or counselors about what they saw, what you told them, and how you changed.A person you confided in at the time can describe that conversation, even if they never saw the abuse.
- Messages and recordingsTexts, emails, voicemails or social media messages that show threats, control or apologies. The Policy Manual's list does not name them, but the law lets you submit any credible evidence (INA 204(a)(1)(J)).If your phone is checked, read staying safe online before saving anything.
- Counseling and medical recordsVisits to a doctor, an emergency room, a therapist or a domestic violence program (3 USCIS-PM D.2(E)(2)).A psychological evaluation carries weight only if it comes from a qualified professional who treated or thoroughly evaluated you, with the professional's credentials attached (3 USCIS-PM D.2(E)(2)).
- PhotographsOf injuries or damage, with who took them, when and where (3 USCIS-PM D.2(E)(2)).Many cases have none. That is not fatal.
- Shelter, hotline or service recordsRecords made at the time you sought help (3 USCIS-PM D.2(E)(2)).If you sought help informally, a statement from the person who helped you can stand in.
See writing your declaration, evidence when you have nothing and any credible evidence.
Police clearances are a different thing
One part of the case does involve the police, and it is about you, not the abuser. To show good moral character, you give your own affidavit plus a police clearance or state background check for each place you lived for six months or more in the three years before filing (8 C.F.R. 204.2(c)(2)(v); 3 USCIS-PM D.2(G)(3), D.4(B)). If a clearance is not available, explain why (3 USCIS-PM D.4(B)). A clearance is not a report of the abuse. USCIS's own I-360 page says you may file "without your abusive family member's knowledge or consent" (uscis.gov/i-360).
The U visa: a certification, but not a conviction
The U visa works differently, and it matters to get this right. It is for a person who suffered substantial physical or mental abuse from a qualifying crime, has information about it, and has been, is being or is likely to be helpful to law enforcement, a prosecutor, a judge or another authority (INA 101(a)(15)(U)(i); 8 C.F.R. 214.14(b)(1)-(4)). Domestic violence is a qualifying crime, the abuser need not be a citizen or permanent resident, and the two of you need not be married (INA 101(a)(15)(U)(iii)).
The U visa requires a certification on Form I-918 Supplement B (INA 214(p); 8 C.F.R. 214.14). It must be signed within the 6 months before the I-918 is filed, by a certifying official: the head of a certifying agency, a supervisor the head specifically designated, or a federal, state or local judge (8 C.F.R. 214.14(a)(2)-(3), (c)(2)(i)). So the U visa does involve contact with an authority. It is not a path for a person who wants no one in government told about the crime.
Here is our position, as the firm's reading of 8 C.F.R. 214.14. The elements in 214.14(b) are the abuse, the information, the helpfulness and the place of the crime. None of them is an arrest of the abuser or a conviction. The helpfulness element is written to include a person who "is likely to be" helpful, which reaches a case at an early stage. And certifying agencies are not only the police: they include prosecutors, judges and other authorities with responsibility for investigating or prosecuting the crime, including child protective services, the EEOC and the Department of Labor (8 C.F.R. 214.14(a)(2)).
Two limits keep this honest. First, the certifying agency decides whether to sign; nobody can make it. Second, you must not have refused reasonable requests for help since your cooperation began (8 C.F.R. 214.14(b)(3)). See the U visa and the U visa certification.
Which one fits you
If the abuser is a U.S. citizen or permanent resident spouse, parent or adult child, the self-petition is usually the first door, and it needs no police at all. If the abuser has no status, or you were never married, the U visa may be the door, and it needs the certification. Some people qualify for both. See VAWA, U visa, I-751 waiver or VAWA cancellation.
If you were the one arrested
This happens more than people think. The police may arrest both people. The abuser may call first, or file a cross-complaint after you report. A survivor who defended themselves may be the one charged.
Criminal lawyer first
Talk to your criminal lawyer before you write down anything about what happened: not a diary, not a message to a friend, not a declaration for immigration. Ask your criminal lawyer to speak to an immigration lawyer before any plea. See if you were arrested or charged, and myimmigrationplea.com for what a plea can do to immigration status.
An arrest does not end a VAWA case. A self-petitioning spouse or child is not barred from good moral character by an act or conviction that is waivable for purposes of the petition and connected to the abuse (INA 204(a)(1)(C)). The text does not name abused parents. USCIS asks whether a waiver would be available, whether the act was connected to the abuse, and whether you deserve a good moral character finding in its discretion (3 USCIS-PM D.2(G)(4)).
Honesty matters here more than anywhere. Anyone who was arrested or charged adds the arrest reports, certified dispositions and the statute's maximum penalty (3 USCIS-PM D.2(G)(3), D.4(B)). USCIS considers biometric criminal-history results even if they were not disclosed, and not disclosing them can count against you (3 USCIS-PM D.2(G)(1), (G)(3)). In immigration court, a judge may waive deportability for a domestic violence conviction for a person who was battered or subjected to extreme cruelty and was not the primary perpetrator, if other conditions are met (INA 237(a)(7)). See good moral character.
Calling the police is your choice
We do not tell anyone to call the police or not to. A report made now can become evidence later; not having one does not end the case. A safety plan is made with a domestic violence advocate. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788. If you are in danger now, call 911.
Read next: any credible evidence, evidence when you have nothing, if you were arrested or charged, or the U visa certification.
Common questions
I never called the police. Can I still file for VAWA?
Yes. No police report is required for a VAWA self-petition. USCIS must consider any credible evidence (INA 204(a)(1)(J)), and the Policy Manual says a self-petition may not be denied for failure to submit a particular piece of evidence (3 USCIS-PM D.5(B)). A police report is one kind of evidence the Policy Manual lists, not a requirement (3 USCIS-PM D.2(E)(2)).
The abuser was arrested but the charges were dropped. Does that hurt my case?
Not by itself. A conviction of the abuser is not an element of the self-petition. The police report or court papers from that arrest can still be evidence of the abuse (3 USCIS-PM D.2(E)(2)), alongside your declaration and anything else that supports it.
USCIS asks for police clearances. Is that the same as a police report?
No. Police clearances are about your own record, for good moral character: one for each place you lived for six months or more in the three years before filing (8 C.F.R. 204.2(c)(2)(v)). They are not a report about the abuser. If a clearance is not available, the Policy Manual says to explain why (3 USCIS-PM D.4(B)).
Does the U visa need a police report?
The U visa needs a certification on Form I-918 Supplement B, signed by a certifying official within the 6 months before filing (8 C.F.R. 214.14(a)(2)-(3), (c)(2)(i)). In our reading of 8 C.F.R. 214.14(b), neither an arrest nor a conviction of the abuser is an element. Certifying agencies include judges, prosecutors and child protective services, not only the police. The agency decides whether to sign.
I was the one arrested. Can I still file?
Possibly, and a VAWA self-petitioner is not barred from good moral character by an act or conviction that is waivable and connected to the abuse (INA 204(a)(1)(C)). But talk to your criminal lawyer first, before you write anything down about what happened. Our page on arrests and charges explains the order of steps.
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