US Citizenship and Immigration Services (USCIS) has issued guidance in the USCIS Policy Manual to update and clarify how the agency applies certain statutory provisions for Violence Against Women Act (VAWA) self-petitioners, applicants and recipients of T nonimmigrant status, and petitioners and recipients of U nonimmigrant status, to ensure that officers can review and consider information as Congress intended.
In the announcement, USCIS refers to significant increases in VAWA, T nonimmigrant and U nonimmigrant filings. From fiscal years 2020 to 2024, the number of Form I-360 VAWA self-petitions increased by approximately 360%, T nonimmigrant applications and U nonimmigrant petitions increased by 1,044% and 95%, respectively.
Key Changes
The updated guidance:
- Explains that the “prohibited source” provisions allow DHS to consider information from a “prohibited source” in certain circumstances;
- Clarifies how and for how long USCIS may apply the confidentiality provisions of 8 U.S.C. 1367, as well as how USCIS will consider evidence submitted about the protected individual;
- Clarifies that USCIS reinstates any confidentiality provisions if they initiate denaturalization proceedings;
- Confirms that only adults can waive their confidentiality protections;
- Explains that registration and change of address requirements apply to individuals protected under the confidentiality provisions; and
- Expands access to the USCIS Contact Center to allow protected individuals’ attorneys and representatives to submit case inquiries and clarifies safe mailing procedures for protected individuals who only give USCIS a physical address for correspondence.
The updated guidance is effective immediately after publication and applies to requests pending or filed on or after December 22, 2025.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.