VAWA and Life Changes: Divorce, the Abuser’s Death or Loss of Status, Remarriage, and Children Turning 21

01

Divorce Before Filing

Generally, if the marriage ended through annulment, death, or divorce before filing, a spousal petition will be denied; an exception applies if the petition is filed within 2 years after the marriage ended and the petitioner establishes a connection between the termination and the abuse (the legal ground for divorce itself need not be abuse). Termination of the marriage after filing does not affect the decision on that petition.

When a stepparent–stepchild relationship ends through divorce, a stepchild or abused stepparent may still petition if the applicable conditions are met.

02

Death of the Abusive Citizen

If the abusive U.S. citizen spouse or child dies before filing, the spouse or parent may still file within 2 years after the death. The Policy Manual emphasizes that this 2-year period is an eligibility requirement that cannot be waived or equitably tolled. For parent petitions, the citizen child must also have been at least 21 years old at the time of death.

03

The Abuser’s Loss of Citizenship or Permanent Resident Status

If the abuser loses or renounces citizenship or permanent resident status before filing, the petitioner remains eligible only if the loss is connected to an incident of domestic violence and the petition is filed within the prescribed period; if the loss occurs only after filing, the petitioner retains eligibility without having to establish that connection. The petitioner should notify USCIS of relevant changes.

04

Remarriage

If a spousal petitioner remarries before a final decision, USCIS must deny the petition; if that remarriage is discovered only after approval, the approval will be revoked. Remarriage occurring after approval, however, does not affect eligibility. A child petitioner must be unmarried both at filing and at approval.

05

Children Turning 21: The Late-Filing Rule for Ages 21–25

Policy Manual, Ch. 3, G.1: VAWA 2005 added a “late-filing” provision. An unmarried child who is at least 21 but under 25 may still self-petition as a “child,” but must establish both of the following: first, that they met all self-petitioning eligibility requirements on the day before their 21st birthday; and second, that the abuse was “one central reason” for the delay in filing—it need not be the sole reason, but the connection must be central, not merely tangential.

Thus, abuse that began only after the child turned 21 cannot support use of this late-filing rule, because the child was not eligible on the day before turning 21. USCIS evaluates the evidence under the totality of the circumstances, including, for example, a statement explaining how the abuse caused the delay.

For those who qualify, USCIS treats the petition as having been filed on the day before the child turned 21. However, continued eligibility after approval and classification at the visa or adjustment stage are governed by the CSPA or the VTVPA of 2000, whichever applies—this is not universal “protection until age 25” for all children, and this rule cannot simply be applied to age-related issues arising after a petition has already been filed.