Cohen, Tucker + Ades applauds the recent steps taken by U.S. Citizenship and Immigration Services (USCIS) to enhance the integrity of critical humanitarian programs: the Violence Against Women Act (VAWA) self-petitioning process, and the T and U nonimmigrant visa programs. These programs are vital lifelines for victims of abuse, human trafficking, and serious crimes, offering protection and a path to safety and stability in the United States.

For too long, these crucial protections have been susceptible to exploitation, with some individuals and unscrupulous actors attempting to misuse the system. This not only undermines the programs’ fundamental purpose but also creates unnecessary delays and skepticism for legitimate victims desperately in need of help.

USCIS has now implemented a more robust and efficient process for identifying and addressing suspected fraud within these applications. This proactive approach aims to ensure that these humanitarian benefits are reserved for those genuinely eligible, without creating undue burdens for legitimate petitioners.

 Understanding the “Any Credible Evidence” Standard

For many immigration applications, “primary evidence” like birth certificates or police reports is strictly required. However, Congress recognized that victims of trauma often face unique challenges in gathering paperwork. As a result, humanitarian cases are evaluated under the “Any Credible Evidence” standard—the most flexible evidentiary standard in immigration law.

Under this provision:

• The Power of Your Story: Your personal affidavit (your written statement) is considered evidence. In many cases where an abuser has destroyed paperwork or a victim had to flee without documents, this statement becomes the foundation of the case.

• Secondary Evidence: USCIS will consider letters from shelters, medical records, photographs, and even affidavits from friends, family, or neighbors who witnessed the abuse or its effects.

• Safety First: This standard protects survivors from having to contact their abusers or return to dangerous areas to obtain “official” documents.

Balancing Vigilance with Accessibility

While we support the mission to root out fraud, Cohen, Tucker + Ades remains hopeful that USCIS will not use these new provisions to impose unrealistic barriers to relief. Historically, humanitarian visas were designed with a “any credible evidence” standard precisely because victims of trauma often lack traditional documentation or face control by their abusers. We urge the agency to ensure that increased scrutiny does not evolve into a “guilty until proven innocent” framework that intimidates legitimate survivors or requires an impossible level of proof for those who have already suffered. Protecting the integrity of the system should never come at the cost of excluding the very people the law was written to save.

What Does This Mean for Petitioners?

While USCIS is tightening its scrutiny, it is important for legitimate applicants and their advocates to understand that the agency’s primary goal remains to protect vulnerable individuals. The new measures are designed to:

• Expedite genuine cases: By efficiently flagging and addressing fraudulent claims, USCIS can dedicate more resources to processing legitimate petitions quickly and fairly.

• Deter future abuse: Increased oversight sends a clear message that attempts to exploit these programs will be identified and addressed, safeguarding their long-term viability.

• Maintain public trust: Ensuring the integrity of these programs is essential for maintaining public confidence and support for their continued operation.

Cohen, Tucker + Ades firmly believes that a secure and fair immigration system benefits everyone. We commend USCIS for its commitment to upholding the integrity of these vital programs while ensuring that genuine victims continue to receive the protection and assistance they deserve.

If you or someone you know is seeking protection under VAWA, T, or U visa programs, it is more critical than ever to have experienced legal counsel. Our team at Cohen, Tucker + Ades is dedicated to guiding legitimate petitioners through this process with expertise and compassion. Contact us today for a confidential consultation.

USCIS | Policy Alert (Dec. 22, 2025), Restoring Integrity to the VAWA, T, and U Nonimmigrant Programs After Suspected Fraud

USCIS Policy Manual (Volume 3, Part D), Chapter 2 – Eligibility Requirements and Evidence for VAWA Self-Petitioners

INA § 204(a)(1)(J)