Migratio United States · Guides · Find legal help · For lawyers

VAWA self-petition (Form I-360): who can file, what must be shown, and what an approval does

A VAWA self-petition lets certain spouses, children and parents of abusive U.S. citizens or permanent residents ask for immigrant classification without the abuser's involvement or knowledge. The statute is 8 U.S.C. 1154(a)(1); the form is I-360, and there is no filing fee. An approval gives classification, not status: a green card comes through a separate step. The National Domestic Violence Hotline is confidential and open 24/7 at 1.800.799.7233.

The Violence Against Women Act, or VAWA, lets some people who are abused by a U.S. citizen or permanent resident relative file their own immigration petition. Ordinarily, a family-based petition is filed by the citizen or permanent resident, who therefore controls it. A VAWA self-petition removes that control. The person files on Form I-360 and does not need the abuser to sign, to file or to know. Confidentiality rules in 8 U.S.C. 1367 apply to these cases, and USCIS refers to them in describing its VAWA interviews.

The qualifying relationships and eligibility rules are in 8 U.S.C. 1154(a)(1)(A)(iii), (iv) and (vii) (relatives of citizens) and 1154(a)(1)(B)(ii) and (iii) (relatives of permanent residents). The older regulations are in 8 CFR 204.2(c) and (e). USCIS's own summary is on its "Abused Spouses, Children and Parents" page.

This page explains how the rules work. It does not say whether any person's situation qualifies, whether to file, or how to answer any question on the form. Those questions turn on facts, evidence and safety, and the person's choices belong to them.

Support and safety. The National Domestic Violence Hotline describes its service as "Confidential. 24/7." You can call 1.800.799.7233, chat online, or text "START" to 88788. Its site also says: "Please contact 911 if you feel like you are in immediate danger or a life-threatening situation." The Hotline is not a legal service, and it is not part of USCIS.

Who can file: the three relationships

USCIS's page sets out who may file, and the statute is consistent with it.

Spouse. You may file if you are, or were, the abused spouse of a U.S. citizen or lawful permanent resident, or if your child was abused by that spouse. The statute requires that the marriage, or the intent to marry, "was entered into in good faith", and that "during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended spouse" (8 U.S.C. 1154(a)(1)(A)(iii)(I)). The covered situations include a person who believed they had married but whose marriage was invalid solely because of the abuser's bigamy, and a former spouse within the last two years where:

  • the citizen spouse died within 2 years;
  • the citizen spouse lost or renounced citizenship within 2 years in connection with an incident of domestic violence; or
  • the person "demonstrates a connection between the legal termination of the marriage within the past 2 years and battering or extreme cruelty by the United States citizen spouse".

For a permanent resident spouse the statute's equivalent is 1154(a)(1)(B)(ii), with a 2-year window after loss of status caused by domestic violence or after a divorce connected to the abuse.

Child. An unmarried child under 21 (or, per USCIS, a person over 21 but under 25 who can show that the abuse was "the main reason for the delay in filing") abused by a U.S. citizen or permanent resident parent who lives, or has lived, with that parent. Residence includes visitation for children of citizens (1154(a)(1)(A)(iv)).

Parent. The parent of a U.S. citizen son or daughter, 21 or older, who has been abused by that adult child and has resided with them (1154(a)(1)(A)(vii)). USCIS says a parent self-petitioner cannot include derivative beneficiaries.

Common requirements. The self-petitioner must be "a person of good moral character", must be eligible for the relevant classification (as an immediate relative of a citizen, or in the preference category for a permanent resident's spouse or child), and must have resided with the abuser. Where the petitioner is outside the US, the statute and USCIS allow a filing only if the abuser is a US government employee, a member of the uniformed services, or subjected the person to abuse in the United States (1154(a)(1)(A)(v)).

The regulation and the statute differ in places. Parts of 8 CFR 204.2(c) do not match the current statute. For example, it requires the marriage to be legally in existence when the petition is filed, whereas the statute adds the 2-year windows above, and it lists an "extreme hardship" element that does not appear in the statute's list for spouses or on USCIS's page. How the two fit together on a given case is a legal question for a representative.

What counts as abuse

The statute uses two phrases: "battered" and "subject of extreme cruelty". The regulation explains that the phrase "includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury." It adds that "Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence." Other actions that do not "initially appear violent" may count if they are "part of an overall pattern of violence" (8 CFR 204.2(c)(1)(vi)).

The abuse must have been committed by the citizen or permanent resident spouse, directed at the self-petitioner or the self-petitioner's child, and have taken place during the relationship. The regulation says a petition "will not be denied, however, solely because the spouses are not living together and the marriage is no longer viable" (204.2(c)(1)(ix)).

The evidence rule is "any credible evidence", and police and court documents appear in the regulation as examples, not conditions. The statute directs that the Attorney General (now DHS) "shall consider any credible evidence relevant to the petition", while "determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General" (1154(a)(1)(J)). Self-petitioners are "encouraged to submit primary evidence whenever possible" (204.2(c)(2)(i)), and unavailability of primary evidence need not be shown.

Examples of evidence the regulation lists for abuse: "reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel"; protective orders; shelter records; and photographs supported by affidavits (204.2(c)(2)(iv)). For the other elements it lists marriage certificates, proof of the abuser's status, residence documents (leases, utility receipts, employment or medical records, school records, affidavits), and good-faith evidence such as joint insurance, tax forms, bank accounts, photographs and testimony.

Good moral character is shown in the first instance by the self-petitioner's affidavit with local police clearance or a state criminal background check from places lived for six months or more in the last three years (204.2(c)(2)(v)). The statute says certain acts or convictions connected to the person having been battered or subjected to extreme cruelty do not bar a finding of good moral character (1154(a)(1)(C)). Whether a particular record does or does not matter is a question for a representative.

Filing: Form I-360, fees, safe address and the first notice

Form and fee. The form is I-360, Petition for Amerasian, Widow(er), or Special Immigrant. 8 CFR 106.2(a)(17)(ii) lists "A petition seeking immigrant classification as a Violence Against Women Act (VAWA) self-petitioner" among the I-360 petitions with no fee. USCIS's page states: "There is no fee to file Form I-360 as a VAWA self-petitioner." Section 106.2(b)(6) also exempts VAWA self-petitioners and derivatives from fees on related forms: travel document, permission to reapply after removal (I-212), the I-290B in listed cases, the I-485 adjustment application, the I-601 and I-601A waivers, the I-765 work permit in listed categories and the I-824. Check Form G-1055 on uscis.gov for the current schedule. A request to pay a government "VAWA fee" is a warning sign (see immigration scams). An attorney or accredited representative may charge for their own work; some nonprofits do not charge.

Safe address. USCIS lets a self-petitioner give a safe mailing address. For interviews, USCIS says it mails interview notices to a selected self-petitioner's safe address and to the legal representative on file. Changes of address follow USCIS's special procedure for VAWA, T and U cases.

Confidentiality. USCIS says its VAWA interviews are conducted by officers with specialized training, including "trauma-informed interview techniques" and the confidentiality protections of 8 U.S.C. 1367. A representative can explain what section 1367 covers in a given case.

Prima facie determination. On receipt, USCIS decides whether the petition and supporting documents establish a "prima facie case". If so it issues a Notice of Prima Facie Case, valid until the petition is granted or denied (8 CFR 204.2(c)(6)). USCIS says the notice, or the I-360 approval, may be used to apply for certain public benefits, if the person is a self-petitioning spouse or child (parents are not treated as a "qualified alien"). The regulation stresses that this finding "does not relieve the petitioner of the burden of providing additional evidence" and "does not establish eligibility for the underlying petition".

Interviews. USCIS may interview any applicant under 8 CFR 103.2(b)(9). Its page says "failure to appear at your interview if you have received an interview notice may result in denial".

Derivatives. A spouse or child self-petitioner may include unmarried children under 21; they receive the same classification and priority date. A child born after approval can be added when the self-petitioner applies for permanent residence. Parents cannot include derivatives.

Changes after filing. For petitions on behalf of citizens' relatives, the statute says "the denaturalization, loss or renunciation of citizenship, death of the abuser, divorce, or changes to the abuser's citizenship status after filing of the petition shall not adversely affect the approval of the petition" (1154(a)(1)(A)(vi)). For permanent resident abusers, divorce or loss of permanent resident status after filing likewise does not affect approval (1154(a)(1)(B)(v)).

What an approval does, and what comes next

It is a classification, not a status. USCIS: "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)."

Deferred action. "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."

Work permit. "If you have an approved Form I-360, you are eligible to apply to work in the United States." A person can ask for an initial work permit by checking the box on Form I-360, or file Form I-765 afterwards.

Adjustment to permanent resident. A self-petitioner inside the United States who has a visa "immediately available" may file Form I-485 with the I-360, while it is pending or after it is approved. Whether a visa is immediately available depends on the classification. Self-petitions by relatives of U.S. citizens are for classification as immediate relatives under section 1151(b)(2)(A)(i) (1154(a)(1)(A)(iii)(II)(cc)); a spouse or child of a permanent resident is classified under 1153(a)(2)(A), a preference category. USCIS's visa availability pages and the State Department's monthly Visa Bulletin show the current position; our page on the Visa Bulletin explains how to read it. A self-petitioner outside the United States goes through the National Visa Center and a consulate.

Waivers. The fee exemptions in 106.2(b)(6) cover the I-601 and I-601A waiver forms. Which grounds apply to a particular person, and which waivers are available, are for a representative to check.

Related routes in removal proceedings. A separate form of relief, cancellation of removal and adjustment for a battered spouse or child of a citizen or permanent resident, exists in INA section 240A(b)(2) and is mentioned in the fee rules at 8 CFR 106.2(b)(8). It has different requirements and runs in immigration court. See our page on cancellation of removal.

Other options for the same facts. If the abuse was also a qualifying crime that law enforcement investigated or prosecuted, see our page on the U visa. If it involved trafficking, see the T visa. Which route, if any, fits is a legal question. The routes have different requirements, and some people look at more than one.

If the petition is denied. USCIS must state its reasons and notify the self-petitioner of the right to appeal (8 CFR 204.2(c)(3)(ii)). Appeal rights and deadlines are in the denial notice and 8 CFR 103.3.

Legal help, scams, and what a representative does

Only an attorney or a DOJ-accredited representative of a recognized organization can legally represent someone before USCIS or in immigration court (8 CFR 292.1, 1292.1). For lists, use USCIS's "Find Legal Services" page and EOIR's List of Pro Bono Legal Service Providers, which EOIR updates in January, April, July and October. See also our pages on free immigration legal help and DOJ-accredited representatives. The National Domestic Violence Hotline (1.800.799.7233) can talk through options for support.

USCIS's Find Legal Services page lists who may represent a person before USCIS: attorneys and DOJ-accredited representatives, along with supervised law students and graduates in listed circumstances. A notario or immigration consultant is not on that list.

Work on a VAWA self-petition typically involves:

  1. reviewing the qualifying relationship, the abuser's status and whether any 2-year window applies;
  2. gathering evidence of the abuse, residence, good faith, good moral character and any status of the abuser, with safe copies;
  3. a detailed personal declaration, usually the centrepiece, prepared with trauma-informed methods and interpreters;
  4. checking criminal and immigration history for issues, including any prior removal order or entries, that bear on later steps;
  5. choosing a safe mailing address and planning how to receive notices; and
  6. planning for work authorization, adjustment of status and visa availability.

That list describes the work. It does not tell any person whether to file.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Who can file a VAWA self-petition?

An abused spouse of a U.S. citizen or permanent resident (including in some cases a former spouse within 2 years), an abused unmarried child under 21 (in some cases up to 25), and the parent of a U.S. citizen son or daughter who is 21 or older and abused them, subject to the other requirements in 8 U.S.C. 1154(a)(1). USCIS's page lists the requirements.

Does the abuser have to know about the petition or sign anything?

No. A self-petition is filed by the person on Form I-360 without the abuser. Information in VAWA cases is protected under 8 U.S.C. 1367, and USCIS lets a petitioner use a safe mailing address.

How much does a VAWA self-petition cost?

The Form I-360 has no filing fee for a VAWA self-petitioner (8 CFR 106.2(a)(17)(ii)), and related forms are also fee-exempt (106.2(b)(6)). Check Form G-1055 on uscis.gov for the current schedule. A lawyer may charge for their time; some nonprofits do not.

Do I need a police report or to have called the police?

No specific document is required. The statute tells USCIS to "consider any credible evidence relevant to the petition", though USCIS decides what is credible and how much weight it carries (8 U.S.C. 1154(a)(1)(J)). The regulation lists police, court, medical, school, clergy and social service records as examples.

Does an approved VAWA petition give me a green card?

Not by itself. USCIS says approval "does not provide immigration status" but provides immigrant classification so that you may be eligible to apply for permanent residence. A separate application (Form I-485, or consular processing) is needed, and a visa must be available.

Can I work while the petition is pending?

USCIS says a person with an approved I-360 is eligible to apply for work authorization, and that USCIS may consider those inside the United States for deferred action. For anything pending, check the current USCIS page for steps and timing.

Sources

Last checked 2026-10-10.

Related guides

  • U visa: who it covers, the law enforcement certification, no filing fee, and the annual cap — U nonimmigrant status is for victims of listed crimes who suffered substantial abuse and have been, are or are likely to be helpful to the authorities. The petition (Form I-918) needs a signed certification from a certifying agency, has no filing fee, and principals are capped at 10,000 a year, with a waiting list and deferred action when the cap is reached. Confidential support is available 24/7 from the National Domestic Violence Hotline (1.800.799.7233) and the National Human Trafficking Hotline (1-888-373-7888).
  • T visa for trafficking survivors: the requirements, how it differs from the U visa, and what happens after approval — T nonimmigrant status is for victims of a severe form of trafficking in persons who are in the United States because of it, who have complied with reasonable law enforcement requests (unless under 18 or unable because of trauma), and who would suffer extreme hardship involving unusual and severe harm if removed. There is no filing fee, and principals are capped at 5,000 a year. The National Human Trafficking Hotline is 24/7 and confidential: 1-888-373-7888.
  • Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
  • How to read the Visa Bulletin and priority dates — The Department of State's monthly Visa Bulletin lists cut-off dates by preference category and country of chargeability. A visa is available when your priority date is earlier than the cut-off date, or the bulletin shows 'C'. Immediate relatives of US citizens are not subject to the queue. This page explains how to read the bulletin; it does not quote current dates or predict movement.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.