What Is a VAWA Self-Petition?
A qualifying person may file Form I-360 as a VAWA self-petitioner without the abuser's cooperation or knowledge. Despite the name of the Violence Against Women Act, VAWA immigration protections are not limited to women. Eligibility depends on the qualifying family relationship and the statutory requirements of the individual case.
USCIS recognizes VAWA self-petitions for certain abused spouses and children of U.S. citizens or lawful permanent residents, and for certain abused parents of U.S. citizen sons or daughters who are at least 21 when the petition is filed.
Who May Qualify?
The requirements differ depending on whether the self-petitioner is a spouse, child or parent. USCIS generally looks for a qualifying relationship, battery or extreme cruelty, and other category-specific requirements. Spousal cases also involve questions such as good-faith marriage and shared residence, while good moral character is part of the eligibility analysis.
- Qualifying abused spouses or former spouses of U.S. citizens or lawful permanent residents
- Qualifying children abused by a U.S. citizen or lawful permanent resident parent
- Qualifying parents abused by a U.S. citizen son or daughter who meets the statutory age requirement
A VAWA self-petition is designed to allow an eligible person to pursue the case independently. USCIS also provides special handling and safe-address procedures for VAWA-related filings.
Evidence in a VAWA Case
VAWA cases are not limited to one particular type of proof. USCIS instructions state that a self-petitioner may submit any credible relevant evidence of eligibility, and USCIS determines the credibility and weight of that evidence. The record may include evidence of the qualifying relationship, the abuser's immigration status, shared residence where required, good-faith marriage in a spousal case, good moral character and evidence addressing battery or extreme cruelty.
The evidence should reflect the person's actual circumstances. A case involving coercive control, threats or other extreme cruelty may not look the same as a case involving documented physical violence.
Divorce, Death or Loss of the Abuser's Status
Some former spouses may still be able to self-petition after a marriage ends, and USCIS instructions provide specific time limits and connection requirements in certain cases involving divorce, the abuser's death, or loss of immigration status related to domestic violence. Because those rules are fact-specific, dates and the reason the relationship or status ended should be reviewed carefully before filing.
VAWA and a Green Card
An approved I-360 does not by itself mean that every applicant immediately becomes a permanent resident. Depending on the self-petitioner's category, visa availability and eligibility, adjustment of status may be filed concurrently in some cases or may follow later. See our Green Card & Adjustment of Status page for the permanent-residence process.
VAWA While in Removal Proceedings
A VAWA case can intersect with Immigration Court, prior removal proceedings or ICE detention. A pending I-360 and a removal case are separate procedural matters, so the court history and humanitarian filing should be evaluated together. For related representation, see Deportation & Removal Defense.
Confidentiality and Safe Contact Information
Privacy is especially important when the abusive person controls the household mail, finances or access to documents. USCIS Form I-360 instructions allow VAWA self-petitioners to provide an alternate or safe mailing address when receiving correspondence at home is unsafe. Our office handles these matters with particular attention to safe communication and confidential case preparation.
Brooklyn Office, VAWA Representation Nationwide
Meyerovich & Associates P.C. is based in Brooklyn and represents immigration clients in New York, New Jersey and Pennsylvania and in federal immigration matters nationwide. The office works with clients in English, Russian, Ukrainian, Georgian, Tajik, Uzbek, Turkmen, Spanish and other languages.