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. If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence and obtain a Green Card.
You have a qualifying relationship as the spouse, intended spouse, former spouse, child, or parent of an abusive U.S. citizen or lawful permanent resident
You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship
You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative
You are a person of good moral character
If self-petitioning as a spouse, you entered into the marriage in good faith and not for the purpose of evading immigration laws
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Regulatory Criteria
Spouse Self-Petitioner
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.
Examples
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 divorce for reasons related to abuse within 2 years prior to filing
Your spouse lost or renounced citizenship or permanent resident status within 2 years prior to filing due to domestic violence
You believed you were legally married but the marriage was not legitimate solely because of the bigamy of your abusive spouse
You may include unmarried children under 21 on your petition if they have not filed for themselves
Child Self-Petitioner
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.
Examples
You are under 21 and unmarried
You have been abused by your U.S. citizen or permanent resident parent
Your children may also be included on your petition
You may file after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing
Parent Self-Petitioner
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 who is 21 years of age or older.
Examples
Your abusive son or daughter must be a U.S. citizen
Your abusive son or daughter must be 21 years of age or older
You are not eligible to include derivative beneficiaries on your self-petition
Battery or Extreme Cruelty
You must demonstrate that you were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship.
Examples
Physical abuse (battery)
Extreme cruelty (psychological, emotional, or other forms of abuse)
If applying as a spouse, you may also be eligible if your U.S. citizen or permanent resident spouse subjected your child to battery or extreme cruelty
Residence Requirement
You must demonstrate that you are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative.
Examples
Current residence with the abuser
Past residence with the abuser
Evidence of shared residence (lease, utility bills, mail, etc.)
Good Moral Character
You must demonstrate that you are a person of good moral character.
Examples
Police clearance certificates
Affidavits from persons who know you
Other evidence of good moral character
Living Outside the United States
If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following additional requirements.
Examples
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
You were subjected to battery or extreme cruelty in the United States
Derivative Beneficiaries
If you are applying as a spouse or child of an abusive U.S. citizen or lawful permanent resident, you may include your children as derivative beneficiaries on the self-petition.
Examples
Children must be under 21 years old when you file
Children must be unmarried when you file
Derivative beneficiaries receive same immigrant classification and priority date
You may add an eligible child, including a child born after approval, when applying for permanent residence
If you are applying as a parent, you cannot include derivative beneficiaries
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Application Process
File Form I-360
Submit self-petition with evidence demonstrating eligibility requirements. No fee required.
Prima Facie Review
If you establish prima facie eligibility, USCIS issues Notice of Prima Facie Case.
USCIS Review
USCIS reviews petition and may schedule interview if needed.
I-360 Approval
If approved, you receive immigrant classification.
Employment Authorization
Apply for or receive work authorization after approval.
File Form I-485
Apply for adjustment of status when visa number is available. May file concurrently with I-360.
Green Card
Receive permanent resident status upon approval.
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Key Benefits
Self-petition for immigrant classification without abuser's knowledge, consent, or participation
Path to lawful permanent residence (Green Card)
No filing fee for Form I-360 as a VAWA self-petitioner
May be considered for deferred action after approval
Eligible for employment authorization after I-360 approval
Eligible for certain public benefits with prima facie eligibility or approved petition
Derivative children may also apply for Green Cards
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Documents Needed
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (no filing fee)
Evidence of qualifying relationship (marriage certificate, birth certificate)
Evidence of abuser's U.S. citizenship or lawful permanent resident status
Evidence of battery or extreme cruelty (police reports, medical records, affidavits, photos, court records)
Evidence of residence with abuser (lease, utility bills, mail, tax returns)
Evidence of good moral character (police clearances, affidavits)
Evidence of good faith marriage (if applying as spouse)
Evidence for derivative children (birth certificates, proof of age and unmarried status)
Form I-485, Application to Register Permanent Residence (for adjustment of status)
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Frequently Asked Questions
What is a VAWA self-petition?
A VAWA self-petition allows aliens who have been abused by their U.S. citizen or lawful permanent resident relative to independently petition for immigrant classification without the abuser's knowledge, consent, or participation in the immigration process.
Who is eligible to file a VAWA self-petition?
Abused spouses, children, and parents of U.S. citizens or lawful permanent residents may be eligible. Spouses and children may self-petition against U.S. citizen or permanent resident abusers, while parents may only self-petition against abusive U.S. citizen sons or daughters who are 21 or older.
Is there a filing fee for Form I-360?
No. There is no fee to file Form I-360 as a VAWA self-petitioner.
Can I work in the United States after my petition is approved?
Yes. 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 EAD by checking the appropriate box on Form I-360.
Can I include my children on my petition?
If you are self-petitioning as a spouse or child, you may include your unmarried children under 21 as derivative beneficiaries. If you are self-petitioning as a parent, you cannot include derivative beneficiaries.
Where can I get help if I am a victim of domestic violence?
Help and support is available through the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance, support, and information about local resources, shelters, medical and mental health services, and legal help.
Can I apply for a Green Card after my petition is approved?
Yes. If you have an approved Form I-360 and an immigrant visa is immediately available, you may file Form I-485 to apply for a Green Card. You may even file Form I-485 concurrently with Form I-360 if a visa is immediately available.
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Fees
Petition: Full service fee
$3,700
Green Card Application: Full service fee
$1,800
FedEx Fee
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Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.