What a VAWA self-petition is
Family-based immigration usually requires a U.S. citizen or lawful permanent resident (green card holder) to file a petition for a relative. Under the Violence Against Women Act of 1994 (VAWA) and its reauthorizations, certain relatives abused by that U.S. citizen or permanent resident can petition for themselves (self-petition) on Form I-360, without the abuser's knowledge, consent or participation: spouses and children of U.S. citizens and permanent residents, and parents of U.S. citizens who are 21 or older.[1]
High confidence Which class you fall in depends on who abused you and how you are related. A self-petitioning spouse, child or parent of a U.S. citizen is an immediate relative, and the number of immediate relative immigrants is not limited each fiscal year. The other self-petition classes are family preference classes, which have fiscal-year numerical limits.[3,4]
Who can self-petition, and the visa classes
| Who self-petitions | Abuser | Class and visa symbols |
|---|---|---|
| Spouse | U.S. citizen | Immediate relative: IB1 (your child: IB3) |
| Child | U.S. citizen parent | Immediate relative: IB2 |
| Parent | U.S. citizen son or daughter | Immediate relative: IB5 |
| Unmarried son or daughter | U.S. citizen parent | Family 1st preference: B11 (your child: B12) |
| Married son or daughter | U.S. citizen parent | Family 3rd preference: B31 (your spouse: B32; your child: B33) |
| Spouse | Permanent resident | Family 2nd preference: B21, or BX1 if exempt from per-country limits (your child: B23 or BX3) |
| Child | Permanent resident parent | Family 2nd preference: B22, or BX2 if exempt from per-country limits (your child: B23 or BX3) |
| Unmarried son or daughter | Permanent resident parent | Family 2nd preference: B24 (your child: B25) |
An approved self-petition for a child converts automatically and keeps its priority date when the child's situation changes: a U.S. citizen's child who marries moves to the third preference, and a permanent resident's unmarried child who reaches 21 moves to the unmarried son or daughter class. Age is counted under the Child Status Protection Act (CSPA): a U.S. citizen's child who was under 21 when the self-petition was filed keeps that age while unmarried and stays an immediate relative; for a permanent resident's child, the age that counts is a calculated CSPA age (see Your children).[5]
Eligibility requirements
You must show all of the following
- A qualifying relationship: you are the spouse, intended spouse or former spouse of an abusive U.S. citizen or permanent resident; the unmarried child under 21 of an abusive U.S. citizen or permanent resident parent (a child may also file after 21 but before 25 by showing that the abuse was the main reason for the delay in filing); or the parent of an abusive U.S. citizen son or daughter who is 21 or older.[1]
- If you file as a spouse, one of these is true: you are married to the abuser; the marriage ended within the 2 years before you file, through the death of a U.S. citizen spouse or a divorce for reasons related to the abuse; the abuser lost or renounced citizenship or permanent resident status within those 2 years because of an incident of domestic violence; or you believed you were legally married, but the marriage was not legitimate solely because the abuser was already married (bigamy).[1]
- You were subjected to battery or extreme cruelty by the U.S. citizen or permanent resident relative during the qualifying relationship. If you apply as a spouse, you may also be eligible if the abuser subjected your child to battery or extreme cruelty.[1]
- You live with, or have lived with, the abusive relative.[1]
- You are a person of good moral character.[1]
- If you self-petition as a spouse, you entered the marriage in good faith, not to evade immigration laws. Under the regulations, a spousal self-petition is not denied solely because the spouses no longer live together and the marriage is no longer viable.[1,6]
In certain circumstances you may remain eligible if the abusive relative lost or renounced U.S. citizenship or permanent resident status, or died. An immigration attorney can tell you whether your situation fits.[1]
If you live outside the United States when you file, you must also show one of these: the abuser is an employee of the U.S. government, the abuser is a member of the U.S. armed forces, or you were subjected to battery or extreme cruelty in the United States.[1]
In the regulations, battery or extreme cruelty includes any act or threatened act of violence, including forceful detention, that results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation counts as violence, and acts that do not look violent on their own may also count, under certain circumstances, when they are part of an overall pattern of violence.[6]
What to file
- Form I-360, with evidence that you meet every eligibility requirement. There is no fee to file Form I-360 as a VAWA self-petitioner.[1]
- Where to mail it: the address depends on your filing category, where you live, and whether you file Form I-485 at the same time. USCIS changed the Form I-360 filing locations on Oct. 7, 2026; see its Direct Filing Addresses for Form I-360 page.[7]
- If you file as a spouse or child: proof of the abuser's U.S. citizenship or permanent resident status, and of your relationship. For a spouse, the primary evidence of the marriage is a marriage certificate issued by civil authorities and proof that any earlier marriages of either of you ended.[6]
- Evidence of the abuse, which may include reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers and other social service agency staff. If you obtained a protection order or took other legal steps to end the abuse, you are strongly encouraged to include copies.[6]
- For good moral character, under the regulations for spouse and child self-petitions: your own affidavit is the primary evidence. It should come with a local police clearance or state criminal background check from each place in the United States where you lived for 6 months or more in the 3 years before filing, and a similar report from each foreign country where you lived that long. If these are not available for some places, you may include an explanation and other evidence. A self-petitioning child under 14 is presumed to have good moral character and does not need to submit this evidence.[6]
- For a spouse, evidence that the marriage was entered in good faith: for example, being listed as each other's spouse on insurance policies, property leases, income tax forms or bank accounts, and testimony or other evidence about your courtship, wedding, shared home and experiences.[6]
Fees
| Form | Fee for VAWA self-petitioners and derivatives |
|---|---|
| I-360, the self-petition | $0 (the general filing fee is $515) |
| I-485, green card application in the U.S. | $0 (select Part 2, Item 3.a on the form) |
| I-765, work permit | $0 for initial and renewal cards, and for replacing a lost, stolen or damaged card that has not expired, in categories (c)(9) VAWA adjustment applicant, (c)(14) deferred action for a VAWA self-petitioner, and (c)(31) approved VAWA self-petition |
| I-131, travel and parole documents | $0 for all reentry permits, travel documents, parole documents and arrival/departure records. A separate Immigration Parole Fee required by Pub. L. 119-21 may apply to certain parole approvals: U.S. Customs and Border Protection (CBP) collects it each time you seek parole at a port of entry, unless you qualify for an exception |
| I-601 and I-601A waivers; I-212 permission to reapply | $0 (for Form I-212, when you file it with USCIS) |
| I-290B, appeal or motion | $0 for any benefit request filed before adjustment of status, a motion on Form I-485, or an associated ancillary form |
| Immigrant visa application abroad (State Department) | $205 per person for I-360 self-petitioners, listed under other immigrant visa applications in 22 CFR 22.1 (item 32(c)). That item does not name derivatives |
| USCIS Immigrant Fee (immigrating to the United States) | $235 if you are immigrating to the United States as a lawful permanent resident; VAWA self-petitioners are not among the exemptions Form G-1055 lists |
After you file Form I-360
File
You file Form I-360 with your evidence. If you are in the United States and an immigrant visa is immediately available to you, you may file Form I-485 together with Form I-360, while it is pending, or after it is approved (as long as the approval remains valid).[1]
Prima facie review
High confidence USCIS checks whether the I-360 and evidence support every requirement on their face. If they do, it issues a Notice of Prima Facie Case (NPFC), which a spouse or child self-petitioner can use to apply for certain public benefits. The notice does not decide the petition, and a parent who self-petitions is not a "qualified alien" for public benefits.[1,6]
Possible interview
USCIS may ask you to attend an interview at the field office that covers where you live; the notice is mailed to your safe address and to your legal representative, if you have one. Officers with specialized training, including in trauma-informed interview techniques, conduct these interviews. Being selected does not necessarily mean a problem was found, but missing the interview after receiving a notice may lead to denial of the self-petition and the I-485.[1]
Decision
High confidence If the I-360 is approved and you are in the United States, USCIS may consider you for deferred action case by case, and you can apply for a work permit. If it is denied, USCIS tells you the reasons in writing and of your right to appeal.[1,6]
Green card
In the United States, you may file Form I-485 when a visa is immediately available. If you are abroad, USCIS sends the approved self-petition to the National Visa Center (NVC), which forwards it to the U.S. consulate when a visa becomes available (consular processing).[1]
Getting a green card in the United States
To adjust status as a VAWA self-petitioner you must, among other requirements, be physically present in the United States when you file Form I-485, and an immigrant visa must be immediately available both when you file and when USCIS makes a final decision. If you adjust as an immediate relative, you can file at any time; in a family preference class you may need to wait for a visa to become available, which the State Department's Visa Bulletin shows.[8]
VAWA self-petitioners and beneficiaries are exempt from all the bars to adjustment of status, the rules that can block adjustment because of how you entered the United States or a past immigration violation. All grounds of inadmissibility still apply except public charge and entry without inspection; for the others, the law may allow a waiver or other relief, depending on the ground and the category you are adjusting under. An immigration attorney can apply these rules to your facts.[8]
While Form I-485 is pending, you may generally apply for a work permit with Form I-765 and for an advance parole document with Form I-131. If you leave the United States without advance parole while the I-485 is pending, you will generally have abandoned the application.[8]
Your children
If the I-360 is approved, the children you listed receive the same immigrant classification and priority date as you and are eligible to apply for a green card when a visa is immediately available. You can also add an eligible child, including a child born after approval, when you apply for permanent residence, without filing a new petition.[1]
Turning 21 and the Child Status Protection Act (CSPA): if you self-petition as the abused spouse or child of a U.S. citizen, the age of a self-petitioning child or of your derivative child is frozen on the date Form I-360 was filed, and a child who was under 21 then does not age out as long as they stay unmarried. In family preference VAWA cases, the CSPA age is the child's age when a visa becomes available (the later of the petition's approval date and the first day of the month the Visa Bulletin's Final Action Dates chart shows a visa available) minus the days the petition was pending. The child must also stay unmarried and seek to acquire permanent residence within 1 year of the visa becoming available.[5,10]
If CSPA does not help, section 204(a)(1)(D) of the Immigration and Nationality Act (INA) may still allow adjustment in a preference category when a visa becomes available. For example, a child included on the self-petition of a permanent resident's abused spouse moves at 21, while unmarried, from F2A (child of a permanent resident) to F2B (unmarried son or daughter of a permanent resident), keeps the priority date, and can apply for a green card without filing a new self-petition.[8]
Recent policy changes
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
Will the abuser find out that I filed?
You can file Form I-360 without the abuser's knowledge or consent. Information about you and your VAWA petition is strictly confidential under 8 U.S.C. 1367: the Department of Homeland Security (DHS) can share it only in very limited circumstances, and may not deny your petition based on evidence provided solely by the abuser or other prohibited sources, unless a statutory exception applies.[8]
The abuser already filed Form I-130 for me. What happens to it?
High confidence Approval of a self-petition has no effect on a relative petition: you can be the beneficiary of both and seek a visa on whichever is more advantageous, and the earlier priority date from the abuser's petition may be assigned to your self-petition. If you have a pending Form I-485 based on the abuser's approved I-130, you can ask the USCIS field office handling it to convert it to your VAWA self-petition; if you do not show within 30 days of that request that you filed the self-petition, USCIS may decide the I-485 on the original I-130.[5,8]
Do I need a police report?
Self-petitioners are encouraged to submit primary evidence whenever possible, but USCIS will consider any credible evidence relevant to the petition, and decides on its own what is credible and how much weight it gets. Evidence of abuse is not limited to police reports; a combination of documents, such as a photograph of a visible injury supported by affidavits, may also be relevant.[6]
What if I divorce or remarry while my self-petition is pending?
Under the regulations, once a spousal self-petition has been properly filed, the legal end of the marriage to the abuser has no effect on the decision. Remarrying while the self-petition is pending, however, is a basis for denial.[6]
How is this different from a U visa?
High confidence A VAWA self-petition rests on your family relationship to an abusive U.S. citizen or permanent resident and leads to immigrant classification. The U visa is a nonimmigrant status for victims of certain crimes, domestic violence among them. Its requirements include having suffered substantial physical or mental abuse as a result of the crime and having been, being, or being likely to be helpful to law enforcement in investigating or prosecuting it.[1,11]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.Abused Spouses, Children and Parents - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 2.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 3.9 FAM 502.2 FAMILY-BASED IV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 4.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 5.9 FAM 502.1 IV CLASSIFICATIONS OVERVIEWU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 6.8 CFR 204.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 7.I-360, Petition for Amerasian, Widow(er), or Special Immigrant - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
- 8.Green Card for VAWA Self-Petitioner - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 9.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 10.Child Status Protection Act (CSPA)USCIS · Agency page · Checked Sep 27, 2026
- 11.Victims of Criminal Activity: U Nonimmigrant Status - USCISUSCIS · Agency page · Checked Oct 18, 2026