Who can file a VAWA self-petition
VAWA self-petitions under Form I-360 are available to: (1) the abused spouse of a US citizen or LPR, (2) the abused child (under 21, unmarried) of a US citizen or LPR, and (3) the abused parent of a US citizen (parents of LPRs are not eligible). Despite the name, VAWA protects both men and women. You do not need a police report or conviction — the legal standard is that abuse occurred, which can be established through medical records, personal declarations, affidavits from witnesses, photographs, or any other credible evidence.
You must have lived with the abuser at some point, have good moral character, and be able to show the marriage to (or qualifying relationship with) a citizen or LPR was entered in good faith. There is a three-year period in which you are considered a 'battered alien' and can refile or self-petition if the abuser loses status.
Confidentiality: USCIS cannot tell your abuser
VAWA petitions are strictly confidential. USCIS cannot disclose to the abuser that you have filed, nor can it use information in your petition against you in unrelated proceedings. You submit the I-360 directly to USCIS Vermont Service Center (the VAWA-dedicated center) — not through the abuser. Even if the abuser is your current petitioner in a pending family-based case, filing a VAWA petition does not notify them.
The process: I-360 to green card
Step 1 — File Form I-360 (self-petition): Send the petition to USCIS Vermont Service Center with evidence of abuse, relationship to the citizen/LPR, joint residence, and good moral character. Processing takes approximately 16–24 months. If approved, you receive a VAWA-based approved status.
Step 2 — Adjust status or consular processing: Abused spouses and children of US citizens are immediate relatives — there is no quota wait. Once I-360 is approved, you can concurrently or immediately file I-485 plus I-765 (work permit) and I-131 (travel document). Abused spouses and children of LPRs fall in the F-2A family preference category, which may require a short wait for a visa number.
Related Questions
Do I need a lawyer to file a VAWA self-petition?
Not legally required, but strongly recommended given the sensitive nature and complexity of gathering abuse evidence. Many nonprofit immigration organizations provide free VAWA representation; the National Domestic Violence Hotline (1-800-799-7233) can refer you to local resources.
Can I work in the US while my VAWA I-360 is pending?
Yes — once your I-360 is prima facie approvable (typically confirmed by a notice from USCIS) or once you file I-485, you can apply for an EAD (Form I-765) to work. The exact timing depends on your immigration status at filing.
What if my abuser was a US citizen but recently divorced me?
If you were married to a US citizen who abused you and you divorced within two years of filing or being eligible to file the I-360, you may still self-petition. The 'VAWA divorce' provision preserves your ability to file even if the abuser ends the marriage to prevent your immigration benefit.
Is there a filing fee for Form I-360 VAWA?
No. VAWA self-petitions are fee-exempt — there is no filing fee for Form I-360 filed under VAWA.
Can I include my children in my VAWA petition?
Children who are themselves abused may file their own I-360. Children who are not abused but are under 21 and unmarried may still be included as derivative beneficiaries on a parent's approved VAWA petition.
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.