VAWA Self-Petition Guide

Understanding the Violence Against Women Act and how it can help you

Important Notice

This guide provides educational information about the VAWA self-petition process. It is not legal advice. We strongly recommend consulting with a qualified immigration attorney or BIA-accredited representative before filing any petition.

What Is VAWA?

The Violence Against Women Act (VAWA) is a federal law that allows certain non-citizen survivors of domestic violence and abuse to petition for lawful immigration status independently — without relying on the abuser to file paperwork on their behalf. Despite its name, VAWA protections extend to all genders.

Under VAWA, eligible survivors can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to self-petition for lawful permanent residence (a green card).

Who Is Eligible?

You may be eligible for a VAWA self-petition if you meet all of the following criteria:

Qualifying Relationship

You are or were married to a U.S. citizen or lawful permanent resident (LPR), OR you are the child or parent of a U.S. citizen who has abused you.

Battery or Extreme Cruelty

You have been subjected to battery or extreme cruelty by your U.S. citizen or LPR spouse (or parent/child).

Good Faith Marriage

You entered into the marriage in good faith — the marriage was genuine, not entered solely for immigration purposes. (Not required for child/parent petitioners.)

Residence Requirement

You currently reside in the United States (or resided in the U.S. in the past, with some exceptions).

Good Moral Character

You are a person of good moral character, as determined by USCIS.

The VAWA Self-Petition Process

Step 1: Gather Evidence

Evidence is the most critical part of your VAWA petition. You will need to demonstrate:

Qualifying relationship — Marriage certificate, divorce decrees, birth certificates
Abuse — Police reports, protective orders, medical records, photographs, sworn affidavits from you and witnesses
Good faith marriage — Photos together, joint bank accounts, leases, correspondence, testimonies from friends/family
Good moral character — Evidence of your history, character references, lack of criminal record

You do not need an overwhelming amount of evidence. USCIS reviews the totality of the circumstances.

Step 2: Complete Form I-360

Form I-360 is the official VAWA self-petition form. It asks for biographical information, details about your marriage and abuse, and your immigration history. The form is available for free on the USCIS website. Do not pay for government forms.

Step 3: File with USCIS

Send your completed Form I-360, supporting evidence, and any required filing fee (or fee waiver request) to the Vermont Service Center. As of 2024, the filing fee is $0 — VAWA self-petitions are free to file, and fee waivers are available for other related applications.

Your abuser will NOT be notified that you have filed a VAWA self-petition.

Step 4: Wait for USCIS Decision

Processing times vary, typically ranging from 12 to 36 months. During this time:

You may apply for work authorization by filing Form I-765
You may be eligible for deferred action or other protections
You cannot be placed in removal proceedings based solely on the VAWA petition being pending

Step 5: After Approval

If your VAWA self-petition is approved, you may be eligible to apply for lawful permanent residence (a green card) by filing Form I-485 (if a visa is immediately available) or by waiting for your priority date to become current.

Common Concerns

What if my spouse never filed a green card petition for me?

You do not need your spouse to have filed anything on your behalf. VAWA allows you to self-petition independently.

What if I am undocumented?

VAWA self-petitions are available regardless of your current immigration status, including if you entered without inspection.

What if I am no longer married to my abuser?

If the marriage ended due to divorce, you may still be eligible if you can demonstrate the abuse occurred during the marriage and you filed within 2 years of the divorce.

Will my abuser find out I filed?

No. USCIS will not notify your abuser. Your petition is confidential and kept separate from any family-based petition the abuser may have filed.

Need Help Navigating the Process?

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