A VAWA self-petition is a green card application under the Violence Against Women Act for spouses, children and parents who suffered battery or extreme cruelty at the hands of a US citizen or lawful permanent resident relative. You file Form I-360 yourself, without the abuser's knowledge or cooperation. VAWA protects people of every gender, and federal law keeps the application confidential.
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| Governing law | INA § 204(a)(1)(A) and (B), as amended by the Violence Against Women Act |
|---|---|
| Main forms | Form I-360 self-petition; Form I-485 for the green card |
| Who can file | Spouses, children and parents abused by a US citizen or permanent resident relative |
| What counts as abuse | Battery or extreme cruelty, including threats, isolation and control |
| The abuser's role | None: the abuser is not notified and does not sign anything |
| Where it leads | A green card, and later citizenship |
Who can file a VAWA self-petition?
You can file a VAWA self-petition if a US citizen or lawful permanent resident spouse or parent abused you. The same applies to abuse by a US citizen son or daughter aged twenty-one or older. The abuser’s status is what matters; your own status and how you entered usually are not decisive. Our overview of asylum and humanitarian immigration sets VAWA alongside the other protections.
- Spouses A current spouse, or a former spouse within two years of a divorce connected to the abuse. A spouse can also qualify after believing in good faith that the marriage was valid, when the abuser was secretly married to someone else.
- Children of the abused spouse Your children can be included in your petition even if the abuser never harmed them directly.
- Abused children An unmarried child under twenty-one abused by a citizen or permanent resident parent. A child who files late because of the abuse may be able to file up to age twenty-five.
- Abused parents A parent abused by a US citizen son or daughter who is twenty-one or older.
The two-year window also applies when a US citizen abuser has died. It applies, too, when the abuser lost citizenship or permanent residence because of an incident of domestic violence.
What counts as abuse under VAWA?
VAWA covers battery or extreme cruelty, which is much broader than physical violence. Many people qualify who were never hit, and many are surprised to learn that what they lived through counts.
Extreme cruelty includes threats of violence, sexual abuse, forced isolation from family and friends, controlling all the money and constant humiliation. It also includes threats to have you deported or to take your children. A pattern of behavior can be abuse even when each separate incident seems small on its own.
Threats about immigration status are one of the most common forms of control. Some abusers refuse to file a family petition, withdraw one, or say you will be deported if you leave. That is exactly the kind of control VAWA addresses.
What does a VAWA self-petition have to show?
A VAWA self-petition has to show the family relationship, the abuser’s status and the abuse. A few further requirements depend on who you are. USCIS must consider any credible evidence, so no single document is essential.
- The relationship A marriage certificate, birth certificate or other proof of the family tie.
- The abuser’s status A copy of the abuser’s passport, naturalization certificate or green card, or information USCIS can use to find their records.
- The abuse Your own detailed statement, supported where possible by letters, messages, photographs, medical or counseling records, protective orders or reports from shelters and advocates.
- Living together Evidence that you lived with the abuser at some point, such as a lease, mail or school records.
- A good-faith marriage For spouses, evidence that the marriage was genuine when it began, such as photographs, shared accounts or statements from people who knew you as a couple.
- Good moral character Usually shown through police clearances and your own statement.
If the abuser kept your documents, an attorney can often obtain replacement records. Gaps in evidence are common in abuse cases, and the law accounts for that.
Will the abuser find out about a VAWA petition?
No, not from immigration authorities. Congress designed the VAWA self-petition so the abuser never takes part: they do not sign anything, attend any interview or receive any notice.
Federal law at 8 U.S.C. § 1367 adds two protections. Immigration officials generally may not disclose any information about your case to anyone, including the abuser and the abuser’s family. They also may not make an adverse decision based only on information supplied by the abuser. That matters when an abuser has made false reports to immigration authorities. These protections have narrow exceptions, for example for law enforcement purposes.
You can list a safe mailing address, such as your attorney’s office. That way, no government mail goes to a home you share or once shared with the abuser.
How does the VAWA process work?
The VAWA process begins with the self-petition form, Form I-360, filed with USCIS, and ends with a VAWA green card. How many steps lie in between depends mainly on whether the abuser is a US citizen or a permanent resident.
- Preparing the petition Your statement, evidence and any translations, prepared over as many meetings as you need.
- Filing Form I-360 If the abuser is a US citizen, you can usually file Form I-485 for the green card at the same time.
- Prima facie determination If the petition appears complete, USCIS can issue a notice that may help you qualify for certain public benefits while it decides.
- Approval An approved self-petition generally brings deferred action and eligibility for work authorization.
- Green card Permanent residence through Form I-485, either right away or when a visa number becomes available.
How does a VAWA self-petition lead to a green card?
An approved VAWA self-petition places you in the same family category you would have had if the abuser had filed for you. Suppose the abuser is a US citizen spouse or parent, or an adult US citizen son or daughter. In that case, you are an immediate relative with no annual cap and no queue.
If the abuser is a permanent resident, you wait in the relevant family preference category, as a spouse or child of a permanent resident would. You apply for the green card through adjustment of status on Form I-485.
VAWA self-petitioners receive special treatment at the green card stage. They are exempt from the public charge ground, and some can adjust status despite an unlawful entry when it is connected to the abuse. Waivers of other grounds are also available. The waivers page explains how inadmissibility waivers work. Three years after the green card, a person who received it through a VAWA petition against a citizen spouse can generally apply to naturalize.
What other protections exist for survivors of abuse?
VAWA self-petitions are one of several protections for survivors, and the right one depends on the relationship and on where the case stands. Some people qualify for more than one.
- Battered spouse waiver A conditional resident abused by a US citizen or permanent resident spouse can ask USCIS to remove the conditions without the spouse’s signature. Our guide to removing conditions on residence with Form I-751 explains how to file that waiver.
- VAWA cancellation of removal A survivor in immigration court may be able to ask the judge for a green card under INA § 240A(b)(2). The cancellation of removal page explains the requirements.
- U visa Sometimes the abuser is not a US citizen or permanent resident, or the relationship does not fit VAWA. A U visa may then be available for domestic violence reported to law enforcement.
- T visa When the abuse involved forced work or commercial sex, the T visa for trafficking survivors may apply, whatever the abuser’s status.
What does a VAWA self-petition cost?
As your VAWA lawyer, we quote the self-petition as a flat fee, agreed in writing before any work begins. The fee does not rise because the case takes longer than expected. USCIS sets government fees, where they apply, and you pay them separately; fee waivers are available for several VAWA filings. The fees and consultations page explains what the flat fee includes.
The first consultation is free, private and about thirty minutes long, in person, by phone or by video.