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I-360, I-485

VAWA self-petitions

The Violence Against Women Act (VAWA) lets certain survivors of battery or extreme cruelty apply for immigration status on their own, without the abuser's knowledge or help. Despite its name, the law protects people of any gender. We prepare the self-petition with care for safety and privacy, and plan the step to a green card.

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Assigned at booking

Last reviewed September 2026

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A self-petition is a petition the applicant files for themselves. Under VAWA it takes the place of the petition the abusive U.S. citizen or permanent resident relative could have filed. Federal law limits what immigration authorities may disclose about a VAWA case, and it bars them from relying only on information supplied by the abuser.

See the glossary

Who this is for

  • Spouses and former spouses of abusive U.S. citizens or permanent residents
  • Children abused by a U.S. citizen or permanent resident parent
  • Parents abused by an adult U.S. citizen son or daughter
  • Parents whose child was abused by their U.S. citizen or permanent resident spouse

How we help

Safety and privacy first
We agree how and where to contact you, and we use a safe mailing address for notices.
Evidence of the relationship and the abuse
We gather police reports, protective orders, medical records and statements from shelters, counsellors and people who know you. Formal records help, but they are not required.
Remaining requirements
We document good moral character, shared residence with the abuser and, for spouses, that the marriage was entered in good faith.
Green card step
We prepare the green card application and work permit request, together with the self-petition where the law allows.

Forms involved

  • I-360Petition for Amerasian, Widow(er), or Special Immigrant
  • I-485Application to Register Permanent Residence or Adjust Status
  • I-765Application for Employment Authorization
  • I-751Petition to Remove Conditions on Residence, with an abuse waiver

Government filing fees are listed on our filing fees page.

Timeline

VAWA self-petitions commonly take more than a year to decide, and times vary widely. U.S. Citizenship and Immigration Services (USCIS) may first issue a prima facie determination, a preliminary finding that the petition appears to qualify, which can help with access to some public benefits.

Document checklist

A starting list. We send a checklist for your case after the consultation.

  • Proof of the abuser's U.S. citizenship or permanent residence, if available
  • Marriage certificate or birth certificates showing the relationship
  • Evidence that you lived with the abuser
  • Evidence of the abuse, such as police reports, protective orders, medical or counselling records and statements
  • Your personal statement
  • Police clearances from places you have lived

Questions clients ask

Will the abuser find out?
USCIS does not contact the abuser about a VAWA self-petition, and federal law protects the confidentiality of the case. We plan communication so that notices reach you safely.
Do I need a police report?
No. USCIS accepts any credible evidence. Police reports and protective orders help, but statements, medical records, photographs and messages can also show abuse.
Can men file under VAWA?
Yes. The law applies regardless of gender.
What if we are divorced?
A former spouse can generally still self-petition if the petition is filed within two years of the divorce and the divorce is connected to the abuse.
Can I work while the case is pending?
Once the self-petition is approved, you may request a work permit. A person who files the green card application at the same time can also apply for a work permit based on that application.
What if I have a conditional green card?
A conditional resident abused by the U.S. citizen or permanent resident spouse can ask to remove the conditions alone, with a waiver based on battery or extreme cruelty.

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