Who Can File a VAWA Self-Petition on Form I-360?

The Violence Against Women Act lets certain abused relatives of U.S. citizens and lawful permanent residents file their own immigrant petition, on Form I-360, without the abuser’s knowledge, signature or cooperation. The name misleads people: men file VAWA self-petitions, and so do children and parents. The law exists because the ordinary family petition puts the citizen or resident in control, and an abuser uses that control. The VAWA self-petition removes it. Here is who qualifies and what each requirement means.

The three relationships that allow a VAWA self-petition

You may self-petition as the spouse of an abusive U.S. citizen or permanent resident. This includes a person who believed they were married but whose marriage was not legally valid because the abuser was already married to someone else, and it includes a spouse whose child was abused by the citizen or resident, even if the spouse was not the direct target. You may self-petition as the unmarried child under 21 of an abusive citizen or resident parent; a child who files after 21 but before 25 can still qualify if the abuse was at least one central reason for the delay. And you may self-petition as the parent of a U.S. citizen son or daughter who is 21 or older and abused you. Parents of permanent residents are not covered.

Our VAWA self-petition practice confirms the abuser’s status at the start, because the petition depends on it. If the abuser was never a citizen or resident, the U visa may fit instead; our post on U visa qualifying crimes explains that route.

Battery or extreme cruelty

The core requirement is that you were battered or subjected to extreme cruelty by the citizen or resident relative during the relationship. Battery is physical violence. Extreme cruelty is broader than most people assume: threats of violence, forced isolation from family and friends, controlling all money and documents, sexual coercion, degradation, threats to call immigration authorities or to take the children, and psychological abuse that would be recognized by a counselor. A single violent act can qualify. So can years of control without a single bruise.

Evidence can come from anywhere: police reports and protective orders if they exist, but also medical and counseling records, photographs, text messages and emails, declarations from friends, neighbors, clergy or shelter staff, and above all your own detailed declaration. USCIS applies an any-credible-evidence standard to VAWA petitions, so the absence of a police report is not fatal.

The other requirements

Beyond the relationship and the abuse, a self-petitioning spouse must show the marriage was entered in good faith and not to obtain an immigration benefit. Every self-petitioner must show that they lived with the abuser at some point, in the United States or abroad; a current shared home is not required. Every self-petitioner must show good moral character, generally over the three years before filing, with an exception for acts connected to the abuse. And the self-petitioner must live in the United States, unless the abuser is a U.S. government employee or member of the armed forces, or the abuse occurred in the United States.

Divorce, death and lost status: the two-year rules

A spouse does not have to be married on the day of filing. You may file within two years after a divorce if the divorce is connected to the abuse, within two years after the abuser lost citizenship or residence because of a domestic violence incident, and within two years after a U.S. citizen abuser’s death. Remarriage before the petition is approved is a ground for denial, so the timing of a new marriage should be discussed with counsel. A permanent resident abuser who is deported or who renounces status after the petition is filed does not defeat it.

Confidentiality: what USCIS will not do

Under 8 U.S.C. 1367, the Department of Homeland Security may not disclose information about a VAWA self-petitioner to anyone, including the abuser, with narrow exceptions, and may not make an adverse decision based on information supplied solely by the abuser. Notices go to the address you designate, which can be a lawyer’s office or a shelter. The abuser is never contacted. Once USCIS reviews the petition and finds it facially complete, it issues a prima facie determination, which opens access to certain public benefits while the case is pending.

After approval: the route to a green card

An approved I-360 places you in the same category as an ordinary family petition would. If the abuser is a U.S. citizen and you are the spouse, child or parent, you are an immediate relative and may file Form I-485 immediately, or concurrently with the I-360. If the abuser is a permanent resident, you fall into a preference category and wait for a visa number under the Visa Bulletin; approved self-petitioners in that position receive deferred action and may apply for work authorization while they wait. The adjustment rules favor self-petitioners: you may adjust even if you entered without inspection, and several of the bars that stop other applicants who worked without authorization or fell out of status do not apply. If the abuser previously filed an I-130 for you, you may keep its priority date. Our guide to family-based immigration describes the ordinary system the VAWA petition runs parallel to, and our family-based immigration page covers the petitions a non-abusive relative could file. If you are already in immigration court, a separate defense exists, explained in our post on VAWA cancellation of removal.

If you are in an abusive relationship with a citizen or permanent resident, you may be able to file for yourself without the abuser ever knowing. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our VAWA self-petition page or schedule a consultation.