Who Can Self-Petition Under VAWA as an Abused Spouse, Child, or Parent?

Abused Spouses, Children and Parents

The family-based immigration process generally requires U.S. citizens and lawful permanent residents to file a petition for their alien family members. Some petitioners may misuse the immigration process to further abuse their alien family members by threatening to withhold or withdraw the petition in order to control, coerce, and intimidate them.

With the passage of the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations, Congress provided aliens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.

Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS. An alien filing the self-petition is generally known as a VAWA self-petitioner. If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence and obtain a Green Card.  This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.

Get Help

Help and support is available to victims of domestic violence through the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance and support, and the website has information about local resources, shelters, medical and mental health services, legal help, and other types of assistance. For more information, visit the National Domestic Violence Hotline website.

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Those Eligible to File

• Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

• Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.

• Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a VAWA Self-Petition

You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:

• You have a qualifying relationship as the:

• Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:

• You are married to a U.S. citizen or permanent resident abuser;

• Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;

• Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or

• You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

• Child of an abusive U.S. citizen or lawful permanent resident parent; or

• Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.

• You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);

• You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and

• You are a person of good moral character.

If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.

In certain circumstances you may remain eligible for the VAWA self-petition if your abusive relative lost or renounced their U.S. citizenship or lawful permanent resident status or if your abusive relative died.

If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following in addition to the eligibility requirements listed above:

• Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;

• Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or

• You were subjected to battery or extreme cruelty in the United States.

For more information on VAWA self-petitions, see USCIS Policy Manual, Volume 3, Humanitarian Protection and Parole, Part D – Violence Against Women Act.

Family Members

If you are applying as a spouse or child of an abusive U.S. citizen or lawful permanent resident, you may include your child(ren) as derivative beneficiaries on the self-petition. Children must be under 21 years old and unmarried when you file to be included as derivative beneficiaries. If you are applying as a parent of an abusive U.S. citizen son or daughter, however, you are not eligible to include derivative beneficiaries on your self-petition.

If the self-petition is approved, derivative beneficiaries are granted the same immigrant classification and priority date as the self-petitioner and are eligible to apply for lawful permanent resident status when a visa is immediately available. VAWA self-petitioners may add an eligible child, including a child born after the self-petition is approved, when the self-petitioner applies for lawful permanent resident status. They do not have to file a new petition.

How to Apply

To apply for a VAWA self-petition you must submit:

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (There is no fee to file Form I-360 as a VAWA self-petitioner.); and

• Evidence to demonstrate that you meet all eligibility requirements.

If you list derivative beneficiaries on your self-petition, provide evidence that any listed derivative beneficiary is under 21 years old and unmarried at the time of filing, as well as evidence of the relationship between you and your child.

If your Form I-360 is approved, it does not provide immigration status to you and your derivative beneficiaries. An approved Form I-360 provides immigrant classification so that you and your derivative beneficiaries may be eligible to apply for lawful permanent residence (obtain a Green Card).

If your Form I-360 is approved and you are in the United States, USCIS may consider you for deferred action on a case-by-case basis. Derivative beneficiaries requesting deferred action consideration must include a copy of the self-petitioner’s approval notice and evidence of a qualifying derivative relationship with the request to the Vermont Service Center.

Interviews for Certain VAWA Self-Petitioners

USCIS has the authority to request that any individual filing for a benefit appear for an interview under 8 C.F.R. § 103.2(b)(9).

If you receive an interview notice, you must follow the instructions on your interview notice. At your interview, you should be prepared to discuss your eligibility for a VAWA self-petition and your eligibility for adjustment of status.

Being selected for an interview does not necessarily mean that a deficiency has been identified in your case, nor does it alter eligibility requirements or applicable evidentiary standards. However, failure to appear at your interview if you have received an interview notice may result in denial of the VAWA self-petition and application for adjustment of status.

USCIS will mail interview notices to a selected self-petitioner’s’ safe address and to their legal representative (if they have one on file). We will interview the self-petitioner at the USCIS field office with jurisdiction over the self-petitioner’s residence.  Officers with specialized training and experience, including trauma-informed interview techniques and confidentiality protections under 8 U.S.C. § 1367, will conduct these interviews.

Interviews help USCIS ensure program effectiveness and integrity, improve USCIS assessment of program requirements, and preserve access to critical protections for victims of abuse.

Eligibility for Public Benefits

If you are self-petitioning as a spouse or child of an abusive U.S. citizen or lawful permanent resident or are a derivative beneficiary, you are considered a “qualified alien” and eligible for certain federal and state public benefits if you can establish prima facie (initial review) eligibility for Form I-360 or have an approved Form I-360. Note that if you are self-petitioning as a parent of an abusive U.S. citizen son or daughter, you are not considered a “qualified alien” and are not eligible for public benefits as a “qualified alien.”

If you establish prima facie eligibility when you file Form I-360, USCIS will issue a Notice of Prima Facie Case (NPFC) to you.  You may use this document or notice of your approved Form I-360 to apply for certain public benefits.

For more information about public benefits and how to establish a prima facie eligibility, see:

• U.S. Department of Health & Human Services – Domestic Violence Fact Sheet

• USCIS Policy Manual, Volume 3, Humanitarian Protection and Parole, Part D – Violence Against Women Act

Employment Authorization

If you have an approved Form I-360, you are eligible to apply to work in the United States.

USCIS will automatically consider you for employment authorization if you request an initial employment authorization document (EAD) by checking the appropriate box on Form I-360 and your Form I-360 is approved. You do not need to file a separate Form I-765, Application for Employment Authorization. If you do not request an initial EAD on Form I-360, however, you must file Form I-765 after your Form I-360 is approved in order to apply for employment authorization and obtain an EAD. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization with the Vermont Service Center.

Your derivative children may also apply for work authorization after your Form I-360 is approved.  Derivative children must file Form I-765, Application for Employment Authorization, to request an EAD.

Applying for a Green Card

If you have an approved Form I-360 and meet certain other requirements, you may apply for a Green Card. Your derivative children may also apply for a Green Card.

If you are currently in the United States and an immigrant visa is immediately available to you, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. If a visa is immediately available, you may file your Form I-485:

• Together (“concurrently”) with Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;

• While the Form I-360 is pending; or

• After Form I-360 is approved (and remains valid).

For more information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.

If you are outside the United States, USCIS will send your VAWA self-petition to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. Consulate when a visa becomes available, and you will be notified about how to proceed. This process is referred to as “consular processing.”

Case Inquiries

For information about ways to contact USCIS, see the “Inquiries for VAWA, T, and U Filings (Including Form I-751 Abuse Waivers)” section on our Contact Us webpage.

For information about how to change your address, see our Change of Address Procedures for VAWA/T/U Cases and Form I-751 Abuse Waivers webpage.

Related Links

More Information

• Immigration Options for Victims of Crimes Brochure

• How Receiving Public Benefits Might Impact the Public Charge Ground of Inadmissibility (“Public Assistance Access for Domestic Violence and Sexual Assault Survivors”) Fact Sheet

Forms

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

• Form I-765, Application for Employment Authorization

• Form I-485, Application to Register for Permanent Residence or Adjust Status

• USCIS Policy Manual, Volume 3, Humanitarian Protection and Parole, Part D – Violence Against Women Act

• Green Card for VAWA Self-Petitioner

Non-USCIS Links

• Department of State: The Visa Bulletin