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VAWA Self-Petition: Green Card for Survivors of Abuse

The Violence Against Women Act (VAWA) lets certain people who were abused by a US citizen or permanent resident spouse, parent, or adult son or daughter apply for a green card on their own, without the abuser's help or knowledge. You file Form I-360 as a self-petition, then apply for the green card on Form I-485 or through a consulate. Despite the name, VAWA protects men and women equally.

OpenUSCIS accepts VAWA self-petitions on Form I-360 with no filing fee, and the abuser is not told about the case. (Status as of September 22, 2026)
On this page
  1. If you are in danger now
  2. Who can file a VAWA self-petition?
  3. Will the abuser find out?
  4. How the process works
  5. What evidence helps?
  6. Other protections for survivors
  7. What 2026 changes mean for VAWA cases
  8. How much does it cost?
  9. How to apply
  10. Frequently asked questions
  11. Official sources
Key factsSeptember 22, 2026
Who it's for
Abused spouses, children, and parents of US citizens or green card holders
Petitioner
You (self-petition); the abuser is not involved
Main form
Form I-360, then I-485 or DS-260
I-360 fee
None for VAWA self-petitioners
Affidavit of Support
Not required
Public charge
Does not apply to VAWA self-petitioners
Confidentiality
Protected by federal law; the abuser is not notified

If you are in danger now

If you are in immediate danger in the US, call 911. The National Domestic Violence Hotline is free and confidential at 1-800-799-7233 or thehotline.org, and it can connect you with local shelters and legal help. Use a safe phone or computer if the abuser may check your devices.

Who can file a VAWA self-petition?

You are The abuser is Notes
A spouse Your US citizen or permanent resident spouse Includes former spouses if the divorce was within the last 2 years and linked to the abuse, and spouses of abusers who died or lost status within the last 2 years
A child Your US citizen or permanent resident parent Unmarried and under 21; if abuse caused a delay, you may file until age 25
A parent Your US citizen son or daughter aged 21 or older

You must also show:

  • Battery or extreme cruelty. Abuse can be physical, sexual, emotional, financial, or threats. It must have happened during the relationship.
  • You lived with the abuser at some point (you do not need to live together now).
  • Good moral character.
  • For spouses: a good-faith marriage, meaning you married for real reasons, not only for immigration.

Your children under 21 can be included as derivatives, even if they were not abused themselves.

Will the abuser find out?

Federal law (8 U.S.C. 1367) bars USCIS and other agencies from telling the abuser about your case and from denying your case based only on information the abuser provides. USCIS sends VAWA mail to the safe address you give it. You do not need the abuser's signature, documents, or cooperation.

Keep in mind that other paths, such as a family court or criminal case, can involve the abuser. A lawyer or advocate can help you plan for that, including what to do if the abuser controls your passport or documents.

How the process works

  1. File Form I-360 with evidence of the relationship, the abuser's status, the abuse, living together, and good moral character. Personal statements, police or medical records, protective orders, and letters from counselors or shelters all help.
  2. Prima facie determination. If your filing looks complete on its face, USCIS may issue a notice that can help you access some public benefits.
  3. Approval. An approved I-360 usually comes with deferred action and allows you to apply for a work permit.
  4. Green card. If the abuser is a US citizen, you are treated as an immediate relative with no visa wait and can often file Form I-485 at the same time as the I-360. If the abuser is a permanent resident, you wait for your priority date in F2A or F2B in the Visa Bulletin.

VAWA self-petitioners in the US can usually adjust status even if they entered without inspection, and they do not need an Affidavit of Support. See adjustment of status.

What evidence helps?

USCIS must consider "any credible evidence," so you do not need police reports to qualify. Common evidence includes:

Requirement Examples of evidence
Relationship Marriage or birth certificate, divorce papers
Abuser's status Abuser's US passport, birth certificate, naturalization or green card number (USCIS can search its records if you do not have documents)
Abuse Your detailed statement, protective orders, police or medical records, photos, messages, letters from counselors, shelters, or clergy
Living together Leases, mail, school or medical records at the same address
Good-faith marriage Joint accounts, photos, children's birth certificates, statements from friends
Good moral character Your statement and local police clearances where you have lived

Your own detailed statement is often the most important document. An advocate or lawyer can help you write it safely.

What 2026 changes mean for VAWA cases

The May 2026 USCIS adjustment memo is aimed at people in temporary visa status, and VAWA has its own rules, but officers still have discretion in green card cases. The 2026 interview freeze. Since August 25, 2026, the State Department has paused scheduling of immigrant visa interviews worldwide while consular officers train on public charge screening. No restart date had been announced as of September 22, 2026. Track it on our immigrant visa pause page. This matters for self-petitioners who must finish abroad. Public charge. A new public charge rule took effect on September 18, 2026. It replaces the 2022 rule with a broader "totality of the circumstances" test of whether you are likely to rely on government support. VAWA self-petitioners are exempt from the public charge ground.

How much does it cost?

There is no fee for a VAWA Form I-360. USCIS also lists fee exemptions or waivers for related forms such as the I-485 and work permit application in VAWA cases; confirm on the USCIS fee schedule or fee calculator before filing. Many nonprofit legal services help survivors for free. Learn how to verify a lawyer or accredited representative, and avoid notarios.

How to apply

  1. Make a safety plan

    Contact the National Domestic Violence Hotline or a local advocate, and choose a safe mailing address.

  2. Get legal help

    Find a nonprofit legal service or licensed immigration lawyer who handles VAWA cases.

  3. Gather evidence

    Collect proof of the relationship, the abuser's status, the abuse, living together, and good moral character.

  4. File Form I-360

    File the self-petition with USCIS; there is no filing fee.

  5. Apply for the green card

    File Form I-485 (often with the I-360 if the abuser is a citizen) or complete consular processing when a visa is available.

Frequently asked questions

Can men file under VAWA?

Yes. VAWA protects survivors of any gender.

Will my abuser be told that I applied?

No. Federal confidentiality law bars USCIS from notifying the abuser or relying only on the abuser's information.

Can I file VAWA if I am divorced?

Yes, if the divorce was within the last 2 years and connected to the abuse.

Does VAWA require physical abuse?

No. Extreme cruelty, such as threats, isolation, or emotional or financial control, can qualify.

Can I get a work permit while my VAWA case is pending?

Once your I-360 is approved you can usually get deferred action and apply for a work permit. If you file an I-485, you can apply for a work permit with it.

Can I file VAWA if I entered the US illegally?

Often yes. VAWA self-petitioners can usually adjust status even after entering without inspection, though other grounds can still apply. Get legal advice.

Official sources

  1. USCIS: Abused Spouses, Children and Parentsuscis.gov
  2. USCIS: Form I-360uscis.gov
  3. USCIS: Fee Schedule (G-1055)uscis.gov
  4. National Domestic Violence Hotlinethehotline.org

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.