VAWA self-petition · Form I-360
A VAWA self-petition is filed without the abuser's knowledge, consent, or participation.
We represent people abused by a U.S. citizen or permanent resident spouse or parent, or by a U.S. citizen son or daughter, in self-petitions with USCIS and in the work permit, green card, and court steps that follow.
Abuse does not have to be physical, and a police report is not required. USCIS must consider any credible evidence, and a detailed declaration in your own words is often the center of the case.
Spouses · Children · Parents
The law names three relationships. The abuser must be a U.S. citizen or permanent resident.
VAWA lets certain family members petition for themselves instead of waiting on the person who controls the case. Men and women qualify alike. The relationship decides which rules apply.
An abused husband or wife
The spouse of a U.S. citizen or permanent resident who was abused during the marriage, or whose child was abused by that spouse. Former spouses and people whose marriage was invalid only because of the abuser's bigamy may also qualify, within limits.
Divorce and other changesAn abused son or daughter
An unmarried child under 21 abused by a U.S. citizen or permanent resident parent, including a stepparent or adoptive parent, while living with or visiting that parent. Someone who has turned 21 may still file before 25 if the abuse was at least one central reason for the delay.
Turning 21A parent abused by an adult child
The parent of a U.S. citizen son or daughter who is 21 or older and who abused the parent. Parents of permanent residents do not qualify, and a parent's self-petition cannot include other family members.
What must be shownIf the person who hurt you is not a U.S. citizen or permanent resident, or was not married to you, VAWA does not fit, but a U visa or another form of humanitarian relief may.
What USCIS decides
Each element is proved with evidence, not assumed.
The standard is a preponderance of the evidence, meaning more likely than not. USCIS considers any credible evidence, decides how much weight it gets, and gives more weight to records that are detailed, specific, and reliable.
The relationship and the abuser's status
A marriage certificate or birth certificate, and proof that the abuser is a U.S. citizen or permanent resident. If you cannot get the abuser's documents, identifying details such as a name and date of birth let USCIS search its own records.
Battery or extreme cruelty
Violence or threats of violence, forced detention, and psychological or sexual abuse all count. Acts that seem minor alone can qualify as part of a pattern. USCIS reads extreme cruelty as conduct aimed at gaining or keeping power and control, not hurtful behavior alone.
Living together, for any length of time
You must have lived with the abuser at some point. There is no minimum period, the shared home can have been outside the United States, and you do not have to live together now. A visit is not enough, except for a child.
Good faith and good moral character
Spouses must show they married to build a life together, not for immigration; separating soon after does not by itself prove otherwise. Everyone must show good moral character, usually for the three years before filing. Acts connected to the abuse can be weighed differently.
The 1996 regulations still list extreme hardship as a requirement. A 2000 amendment to the statute removed it, and USCIS no longer applies it to self-petitions.
Confidentiality
Federal law keeps the case away from the abuser.
The protections are written into federal law at 8 U.S.C. § 1367. They are strong, they have limits, and USCIS changed how it applies part of them in December 2025.
The abuser is not asked, notified, or allowed to take part. Federal officials may not disclose information about your case to anyone outside the agencies, except as the statute allows.
- A safe mailing address. You can give USCIS an address where the abuser will not see your mail, and change it as your situation changes.
- Information from the abuser. The law bars an adverse finding of inadmissibility or deportability based only on information the abuser supplied, unless you have certain convictions.
- The December 2025 change. USCIS now reads that bar as limited to admissibility and deportability decisions, so it does not cover the decision on the I-360 itself. Accusations from the abuser are weighed against your evidence, which makes a well-documented petition more important.
- A chance to answer. If USCIS relies on derogatory information you do not know about, it must tell you and let you respond before deciding.
- Safety comes first. Confidentiality is not a safety plan. If you are in danger now, call 911; the National Domestic Violence Hotline is 1-800-799-7233.
Building the record
Your account comes first. The documents support it.
No single document is required for the abuse. USCIS can ask for more when a statement is vague or a record is missing, so the goal is a file that answers those questions before they are asked.
Evidence that tends to carry weight
- A detailed declaration in your own words, with dates and specifics
- Police reports, protection-from-abuse orders, and court records
- Medical, counseling, school, or shelter records
- Statements from people who saw the relationship or the abuse
- Leases, bills, accounts, and photos that show a shared life
- Police clearances from each place you lived six months or more in the last three years
Common problems
- A short, general statement without specific events
- Inconsistencies with earlier filings that are left unexplained
- Documents referenced in the petition but not included
- Foreign-language records without certified translations
- Filing more than one I-360 at the same time
- A remarriage before USCIS decides a spouse's petition
Psychological evaluations can help when the professional actually treated or thoroughly evaluated you; USCIS asks for the evaluator's credentials.
Life changes
Filing first protects you from most later changes.
Many survivors wait until the relationship has ended. Some of these events close the door if they come before the filing and do no harm if they come after, so the order matters.
| Before the self-petition is filed | After it is filed | |
|---|---|---|
| Divorce | A former spouse can still file within two years of the divorce by showing a connection between the divorce and the abuse. | No effect on the decision. |
| Abuser's death | If the abuser was a U.S. citizen, a spouse or parent can still file within two years of the death. | Does not defeat a petition based on a U.S. citizen. |
| Abuser loses status | Filing is still possible within two years if the citizenship or residence was lost in connection with domestic violence. | Does not defeat a petition based on a U.S. citizen; for a permanent resident abuser, ask about timing. |
| Your remarriage | A spouse who has remarried generally cannot self-petition. | Disqualifies a pending spouse's petition; after approval, it is not a basis to revoke. |
| A child turns 21 | May still file before 25 if the abuse was at least one central reason for the delay. | The petition continues with the same priority date; no new petition is needed. |
Each row has conditions beyond this summary. If a two-year window may be running, treat it as urgent.
From filing to green card
Approval opens the work permit and the green card.
The I-360 is the first step. What follows depends on whether the abuser is a U.S. citizen or a permanent resident.
- 01
File the self-petition
Form I-360 goes to USCIS with the evidence for each element. USCIS charges no filing fee for a VAWA self-petition. Spouses and children may include their own children under 21.
- 02
First look
USCIS first checks whether the filing makes a prima facie case. Spouses and children who receive that notice may qualify for certain public benefits. It is not a decision on the petition.
- 03
Requests and responses
USCIS may send a Request for Evidence or a Notice of Intent to Deny. Response periods are short and cannot be extended.
- 04
Approval: work permit and deferred action
An approved self-petitioner is eligible for a work permit. USCIS may also grant deferred action case by case. Neither one allows travel abroad and return without separate permission.
- 05
Green card
Spouses, children, and parents of U.S. citizens can apply to adjust status at any time. Spouses and children of permanent residents wait until their priority date is current. Entry without inspection does not block VAWA adjustment, and public charge does not apply.
Other routes for survivors
When the self-petition is not the right door.
Immigration court, a conditional green card, or an abuser who does not fit VAWA each call for a different filing. We compare them before choosing.
VAWA cancellation in court
In removal proceedings, a survivor may ask the judge for cancellation with three years of presence. The Notice to Appear does not stop that clock, and hardship to you, your child, or your parent counts.
Cancellation of removalConditional residents
A two-year green card holder abused by the spouse who sponsored them can ask USCIS to remove the conditions without that spouse, through a waiver for battery or extreme cruelty.
Removing conditionsU visas
When the abuser is not a citizen or permanent resident, or was a partner rather than a spouse, a U visa may fit if the abuse was a qualifying crime and you helped law enforcement.
U visa representationA survivor with an old removal order may be able to reopen the case past the usual deadline to seek VAWA relief. See motions to reopen.
Private two-minute guide
Where should a VAWA review start?
Answer three general questions. The guide suggests where a first review should start; it does not decide eligibility, judge what happened to you, or send your answers to the firm.
Questions survivors ask
VAWA self-petition questions
Short answers. Your facts may change them.
Will the abuser find out that I filed?
USCIS does not notify the abuser, ask for consent, or let them take part. Federal law at 8 U.S.C. § 1367 bars officials from disclosing information about your case outside the agencies, except as the statute allows. You can also give USCIS a safe mailing address. Confidentiality is not a safety plan, so we plan contact and mail with you.
Does the abuse have to be physical?
No. Battery or extreme cruelty includes threats, forced detention, and psychological or sexual abuse, and acts that seem minor alone can qualify as part of a pattern. USCIS looks for conduct aimed at gaining or keeping power and control, not hurtful behavior alone.
Do I need a police report or a protection order?
No. USCIS must consider any credible evidence. Police reports and protection orders help when they exist, and so do medical, counseling, shelter, and school records and statements from people who knew what was happening. A detailed declaration is usually the center of the case.
We are divorced. Can I still file?
Possibly. A former spouse can self-petition within two years of the divorce if there is a connection between the divorce and the abuse. A divorce after the petition is filed has no effect on the decision. Remarrying before USCIS decides a spouse's petition makes it ineligible.
I entered without inspection. Can I still get a green card?
Often, yes. With an approved VAWA self-petition, entry without inspection does not by itself block adjustment inside the United States, and the public charge ground does not apply. Other grounds still matter: a prior removal, a return after time out of status, or certain criminal history needs its own analysis and sometimes a waiver.
Can I work while the case is pending?
An approved self-petitioner is eligible for a work permit, and USCIS may also grant deferred action case by case. Children who turn 21 after filing remain eligible for both. We file for work authorization as soon as the rules allow.
What does it cost?
USCIS charges no filing fee when Form I-360 is filed as a VAWA self-petition. Later forms, such as the green card application, may carry fees that change; see our fee guide. Our fee is flat, quoted in writing after a review, and payment plans are available.
Can my children be included?
Self-petitioning spouses and children can include their own unmarried children under 21, who receive the same classification and priority date. A child born later can be added at the green card stage. A parent's self-petition cannot include other family members.
Can I travel while the case is pending?
Not without a lawyer's review first. Deferred action and a work permit do not allow you to leave and return. Since August 2026, a trip abroad even on advance parole can trigger bars based on past unlawful presence, which can undo the green card plan.
VAWA representation at a glance
- Who we represent
- Survivors of abuse by a U.S. citizen or permanent resident spouse or parent, or by a U.S. citizen son or daughter, in Allentown and across Pennsylvania, New Jersey, and New York. Self-petitions are filed with USCIS, so survivors elsewhere in the United States can work with us too.
- Languages
- English and Spanish.
- Main forms
- Form I-360 self-petition; Form I-765 work permit; Form I-485 green card application.
- Government fee for the I-360
- None when filed as a VAWA self-petition. Later forms may carry fees; see the fee guide.
- Confidentiality
- Protected by 8 U.S.C. § 1367. The abuser is not notified or involved.
- Our fees
- Flat fee quoted in writing after review; payment plans available.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including INA § 204(a)(1), 8 U.S.C. § 1367, 8 C.F.R. § 204.2, and USCIS Policy Manual Volume 3, Part D, on October 2, 2026. This page provides general information, not legal advice; it does not evaluate a particular case, predict a decision, promise a work permit or an approval, or create an attorney-client relationship. Fees and policies change.
Reviewed and updated
Relationship · Evidence · Safety
Start with what you can share safely. We will tell you what it supports.
A first review can begin with a marriage certificate, a court paper, or only a few dates. Tell us the safest way to reach you, whether you have a court date, and which children might be included.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted