The December 2025 VAWA policy changes, and what they mean for your case
On December 22, 2025, USCIS rewrote its guidance on VAWA self-petitions (PA-2025-33) and on VAWA confidentiality (PA-2025-34). The statute did not change. How officers read the evidence did. Here is what moved, what stayed, and what to do whether your petition is pending or not yet filed.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Immigration policy can change without a new law. On December 22, 2025, USCIS issued two policy alerts that rewrote the guidance its officers use on VAWA cases. The first, PA-2025-33, revised Volume 3, Part D of the USCIS Policy Manual, the part on VAWA self-petitions, in its entirety. The second, PA-2025-34, changed how USCIS reads the VAWA confidentiality statute, 8 U.S.C. 1367.
If you are thinking about filing, or you filed and are waiting, both alerts touch your case. This article explains each change in plain terms, then what we do differently because of it. You can read the alerts yourself on the USCIS Policy Manual updates page.
What did not change
Start with the ground that held. The elements of the self-petition come from the statute, INA 204(a)(1), and Congress did not amend it. A spouse still shows a qualifying marriage entered in good faith; battery or extreme cruelty by the spouse during the marriage; shared residence during the marriage; good moral character; and eligibility for the immediate-relative or F2A category (INA 204(a)(1)(A)(iii), (B)(ii); 3 USCIS-PM D.2).
- USCIS must still consider any credible evidence, and the weight is still in its discretion (INA 204(a)(1)(J); 8 C.F.R. 204.2(c)(2)(i)).
- There is still no minimum period of shared residence (INA 204(a)(1)(A)(iii)(II)(dd), (B)(ii)(II)(dd); 3 USCIS-PM D.2(F)).
- There is still no government filing fee for a VAWA I-360 as of October 2026 (8 C.F.R. 106.2(a)(17)(ii)).
- VAWA still covers survivors of any gender (INA 204(a)(1)).
Still not an element after December 2025
The old regulation at 8 C.F.R. 204.2(c)(1)(i)(G) prints extreme hardship as an element of the self-petition. Congress removed it in 2000 (Pub. L. 106-386, div. B, title V, sec. 1503(b)(1)(A)), and the Policy Manual says VAWA 2000 supersedes that part of the regulation. Nothing in PA-2025-33 restored it.
PA-2025-33: the self-petition guidance
USCIS made the revised Part D effective immediately, for requests pending on December 22, 2025 and for those filed on or after that date (PA-2025-33). Five changes matter most.
1. Shared residence must fall during the marriage
The earlier guidance spoke of having resided with the abuser in the past. The revised guidance says the self-petitioner must have resided with the abuser during the qualifying relationship, which for a spouse is the marriage (PA-2025-33; 3 USCIS-PM D.2(F)). A visit while you were living somewhere else does not count. There is still no minimum period, and if you are in the United States when you file, the shared home can have been abroad (INA 204(a)(1)(A)(iii)(II)(dd); 3 USCIS-PM D.2(F) and fn. 137).
What it means: dates matter more than they did. If you lived together before the wedding and only briefly after, the record has to show the time after. Leases, mail, school records, and statements from people who visited your home are the usual proof. See living with the abuser.
2. Good-faith marriage needs primary evidence first
The revised guidance asks for primary evidence of the marital relationship, such as the marriage certificate and proof that all prior marriages ended, plus evidence that the relationship was bona fide (PA-2025-33). The second part is familiar: shared finances, a home, children, photos over time, people who knew you as a couple. The first part is where files now stall, because the abuser often holds the certificate and the divorce papers from earlier marriages.
What it means: we start ordering records early. Where the abuser took the originals, see documents the abuser took and good-faith marriage.
3. Good moral character evidence is not optional
The earlier Policy Manual said USCIS would not deny a petition solely because good moral character evidence was missing. The revised Part D no longer says that (PA-2025-33). The regulation still describes the evidence: your own affidavit plus police clearances 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)).
What it means: we treat clearances as part of the core filing. If you lived in a country or state where a clearance is hard to get, we plan for that before filing rather than after a request for evidence. See good moral character.
4. A sharper reading of "extreme cruelty"
The regulation's definition did not change: battery or extreme cruelty still includes threatened violence, psychological or sexual abuse, and acts that are part of an overall pattern of violence (8 C.F.R. 204.2(c)(1)(vi)). What the revised Policy Manual adds is a warning about the word "extreme." It says there is no formula and each case is decided on its facts, but that hurtful conduct alone, or adverse interactions of limited severity, is not enough, and that the conduct must reflect an intent to gain or maintain power and control. Its examples include violence or threats, forced detention, sexual abuse, forced confinement or isolation, physical control, and denying access to food, family or medical care (3 USCIS-PM D.2(E)(1)).
What it means: the declaration has to show the pattern of control, not only a list of painful moments. See abuse without violence.
5. Step-relationships ended by death
Where the qualifying relationship is a step-relationship that ended through a death, the revised guidance requires proof that the relationship with the surviving abuser continues (PA-2025-33). This affects a smaller group of children and parents. If that is your situation, read abused child or abused parent and talk to us before filing.
PA-2025-34: the confidentiality guidance
8 U.S.C. 1367 has two main protections. It bars DHS, the Justice Department and the State Department from disclosing information about a VAWA applicant to anyone, with limited exceptions (8 U.S.C. 1367(a)(2)). And it bars them from making an adverse determination of admissibility or deportability using information furnished solely by the abuser or by a household family member who abused you with the abuser's consent or acquiescence (8 U.S.C. 1367(a)(1)). PA-2025-34 changed how USCIS applies both.
1. The "abuser's word" rule is read narrowly
USCIS applies the prohibited-source rule only when it makes an adverse admissibility or deportability determination. It does not apply it, for example, to the denial of an I-360, an I-751 or an I-765V (PA-2025-34; 1 USCIS-PM A.7).
What it means: if the abuser sends USCIS accusations about the marriage or about you, USCIS does not treat the statute as barring their use on the petition itself. The answer is a record strong enough that the abuser's account is not the only one. See how abusers use immigration status as control.
2. Waivers do not save the conviction exception
The prohibited-source rule does not protect a person convicted of a crime listed in INA 237(a)(2) (8 U.S.C. 1367(a)(1)). Under PA-2025-34, USCIS does not consider available waivers when deciding whether that exception applies. If you have any conviction, the analysis has to happen before filing. Talk to your criminal lawyer before you write anything down about it, and see arrested or charged.
3. Protection ends at naturalization
The statute ends nondisclosure protection when an application is denied and all appeals are exhausted (8 U.S.C. 1367(a)(2)). USCIS now also treats 1367 protection as ending when you naturalize (PA-2025-34). Citizenship is still the goal for most people; it is simply a point to plan around. See citizenship after VAWA.
The full picture of what 1367 covers is in VAWA confidentiality under 8 U.S.C. 1367.
If your petition is already pending
PA-2025-33 applies to requests pending on December 22, 2025 (PA-2025-33). A petition prepared under the old guidance is read under the new one. That does not make it weak. It means the file should be checked against the changes above.
- Check residence dates. Does the record show that you lived together after the marriage began, and not just before it or during visits?
- Check the marriage papers. Is the marriage certificate in the file? Is there proof that every prior marriage ended?
- Check good moral character. Are police clearances in the file for every place you lived six months or more in the three years before filing (8 C.F.R. 204.2(c)(2)(v))?
- Check the abuse section. Does the declaration show a pattern of power and control, under the revised reading of extreme cruelty?
- Check for conviction issues. If you have any conviction, the PA-2025-34 rule on waivers may matter.
If USCIS sends a request for evidence or a notice of intent to deny, it will often track these points. The response is your chance to fill the gap. An RFE response period may not exceed 12 weeks, a NOID response period may not exceed 30 days, and there are no extensions (8 C.F.R. 103.2(b)(8)(ii)-(iv); 3 USCIS-PM D.4(B)). Read RFEs and notices of intent to deny, and do not let the deadline pass. If a petition has been pending long past the posted time, see I-360 taking too long. We do not publish processing times; USCIS posts its own at uscis.gov/processing-times.
If you have not filed yet
Build to the new standard from the start. In practice, that means:
- Marriage certificate and prior-divorce proofPrimary evidence of the marital relationship, now asked for first (PA-2025-33).If the abuser holds them, certified copies can usually be ordered from the office that issued them.
- Evidence of a real relationshipJoint records, photos over time, statements from people who knew you as a couple.Your declaration can describe the relationship in detail.
- Residence during the marriageLeases, mail, school or medical records at a shared address.Statements from people who visited you at home.
- Good moral characterYour affidavit and police clearances (8 C.F.R. 204.2(c)(2)(v)).Plan early if a clearance is hard to obtain.
- The abuseYour declaration, plus whatever exists: statements, records, messages.See evidence without documents.
The declaration is still the center of the case. Our article on how to prepare a VAWA declaration explains the process. The evidence checklist puts the whole list on one page.
Filing addresses also changed, separately from these alerts. Since October 7, 2026, a VAWA I-360 goes to a USCIS lockbox marked "Attn: 1367," chosen by your state of residence, with a grace period for packages postmarked on or before November 9, 2026 (uscis.gov, Certain VAWA, T and U filing locations). Check the I-360 page on the day you mail.
Gathering records safely
Ordering certificates and clearances leaves a trail of mail and email. Use an address and an account the abuser cannot see. See the safe filing checklist and staying safe online. A safety plan is made with a domestic violence advocate. If you are in danger now, call 911.
Where things stand
As of October 26, 2026, the USCIS updates page showed no rescission or court stay of PA-2025-33 or PA-2025-34. Policy can move again, by a new alert, a court order or a new administration. We track changes on our news page and update the affected guides when it happens. The reviewed date at the bottom of each page tells you when we last checked it.
If you are unsure whether the new guidance changes anything for you, that is a normal question to bring to a private consultation. We can read what you have and tell you what we would add.
Read next: the complete guide to the self-petition, good-faith marriage, confidentiality, or after you file.
Common questions
Does PA-2025-33 apply to a petition I filed before December 22, 2025?
Yes. USCIS made the revised guidance effective immediately for requests pending on or filed after December 22, 2025 (PA-2025-33). If your petition was pending on that date, it is read under the new guidance.
Did Congress change the VAWA self-petition?
No. PA-2025-33 and PA-2025-34 are USCIS policy alerts that revised the USCIS Policy Manual. The elements in INA 204(a)(1) are the same, and USCIS must still consider any credible evidence (INA 204(a)(1)(J)).
Do I now need to have lived with my spouse for a set period?
No. There is still no minimum period of shared residence (INA 204(a)(1)(A)(iii)(II)(dd), (B)(ii)(II)(dd); 3 USCIS-PM D.2(F)). What PA-2025-33 stresses is that you lived together during the marriage, and that a visit while living elsewhere does not count.
Can USCIS now deny my I-360 based on what the abuser told them?
Under PA-2025-34, USCIS applies the 8 U.S.C. 1367(a)(1) rule against relying solely on the abuser's information only to adverse admissibility or deportability determinations, not to the denial of an I-360, I-751 or I-765V. The practical answer is a strong record of your own, so the abuser's version is not the only account in the file.
Has either policy alert been withdrawn or blocked by a court?
As of October 26, 2026, the USCIS Policy Manual updates page showed no rescission or court stay of either alert. We check that page and update this article if that changes.
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