Who this is for
- Spouses (or recent former spouses) who were battered or subjected to extreme cruelty by a U.S. citizen or permanent resident spouse
- Spouses whose children were abused by the citizen or resident spouse
- Unmarried children under 21 who were abused by a U.S. citizen or permanent resident parent
- Parents who were abused by their adult U.S. citizen son or daughter
- People who generally lived with the abuser and can show good moral character
- Men and women are both eligible; VAWA is not limited by gender
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | The self-petition that shows the family relationship, the abuse, shared residence and good moral character. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used to apply for a green card, sometimes at the same time as the I-360 when the abuser is a U.S. citizen. |
| I-765 | Application for Employment Authorization | Used to request a work permit once eligible, such as after the I-360 is approved or while a green card application is pending. |
Step by step
- Focus on safety firstIf you are in danger, call 911. USCIS pages list resources and hotlines for people experiencing domestic violence.
- Confirm the qualifying relationshipGather proof that the abuser is or was a U.S. citizen or permanent resident and of your relationship to them.
- Collect supporting evidenceUSCIS accepts any credible evidence of abuse, shared residence and good moral character. An attorney or advocate can help decide what to include.
- File Form I-360Send the petition to the address listed in the official instructions, using a safe mailing address the abuser cannot access.
- Receive a prima facie determination if applicableIf the petition shows a basic case, USCIS may issue a notice that can help the self-petitioner access certain public benefits.
- Apply for a green cardOnce eligible, the self-petitioner can generally apply for permanent residence; for some, this is filed together with the I-360.
Documents usually requested
- Proof of the abuser's U.S. citizenship or permanent resident status
- Marriage certificate or birth certificates showing the family relationship
- Evidence that you lived with the abuser, such as leases, mail or bills
- Any evidence of abuse, such as police reports, protective orders, medical records or statements from advocates
- A personal statement in your own words
- Evidence of good faith marriage for spouses, such as joint records or photos
- Police clearances or other evidence of good moral character
- Identity documents and passport-style photos
How long it takes
VAWA timing depends on USCIS workload, whether the green card application is filed at the same time, and whether more evidence is requested. See egov.uscis.gov/processing-times/ for current information.
Government filing fees
The VAWA Form I-360 self-petition generally has no filing fee, and some related forms may have fee exemptions for VAWA self-petitioners. Fees are set by USCIS and change, so confirm with the fee schedule at uscis.gov/g-1055.
Working and traveling while you wait
VAWA self-petitioners may be able to get a work permit once the petition is approved or while a related green card application is pending. Travel outside the U.S. while a case is pending can create problems, so speak with an attorney first.
Common mistakes to avoid
- Using a mailing address or phone number the abuser can access
- Assuming you need police reports or the abuser's cooperation, when any credible evidence may be considered
- Waiting too long after a divorce or the abuser's death or loss of status, since some time limits can apply
- Leaving out explanations of past arrests or immigration violations
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Will my abuser be told that I filed a VAWA petition?
No, the law includes confidentiality protections that generally prevent USCIS from sharing information about a VAWA case with the abuser. Officials are also generally not allowed to rely only on information provided by the abuser. Using a safe mailing address is still important.
Can I file VAWA if I am divorced from my abuser?
Possibly, because former spouses can sometimes self-petition if they file within a certain period after the divorce and the divorce was connected to the abuse. An attorney can confirm whether the timing fits.
Does VAWA only cover physical abuse?
No, VAWA covers battery and extreme cruelty, which can include forms of abuse that are not physical. USCIS looks at the overall evidence.
Can men apply under VAWA?
Yes, VAWA self-petitions are open to people of any gender who meet the requirements.
Do I need the abuser's help or documents to file?
No, the purpose of the self-petition is that you can file on your own. You still need to show the abuser's status, but USCIS may be able to check its own records if you provide identifying details.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.