Adhami Law Group

Protection for Victims (VAWA)

Protection for Victims (VAWA)

VAWA Self-Petition (Form I-360)

The Violence Against Women Act (VAWA) allows certain victims of abuse by a U.S. citizen or Lawful Permanent Resident (LPR) spouse or relative to “self-petition” for a green card. This means you can file for yourself without the abuser’s knowledge or consent. This process is 100% confidential.

Who Qualifies for the Protection for Victims (VAWA)?

You may be eligible to file a VAWA self-petition (Form I-360) if you are the:

  • Abused Spouse: Of a U.S. Citizen (USC) or LPR.
  • Abused Child: Of a USC or LPR parent.
  • Abused Parent: Of a USC son or daughter who is 21 or older.
  • Abuse Standard: The abuse can be “battery or extreme cruelty,” which includes physical violence, psychological abuse, financial control, and coercive behavior.
  • Good Faith Marriage: If filing as a spouse, you must prove your marriage was a “good faith” (real) marriage, not just for immigration benefits.

Step-by-Step Process & Typical Timeline

  1. File Form I-360: The self-petition is filed with the USCIS Vermont Service Center, which handles all VAWA cases
  2. Prima Facie Determination: If the petition is properly filed, USCIS will issue a “Prima Facie Determination” notice. This can be used to access certain public benefits.
  3. Request for Evidence (RFE): USCIS will likely send an RFE asking for more proof of the abuse or the relationship.
  4. I-360 Approval: If approved, you are given “deferred action” (a safe status) and can apply for a work permit.
  5. File Form I-485: You file for your green card (Adjustment of Status). This can often be filed at the same time as the I-360.

Real-world timing: VAWA cases are prioritized. As of 2025, I-360 petitions are being processed in approximately 18–24 months.

2024-25 Policy Updates

  • Expanded “Extreme Cruelty” Definition (Jan 2025): New USCIS guidance clarifies that a pattern of coercive control, financial isolation, and psychological manipulation absolutely meets the “extreme cruelty” standard.
  • EADs for Approved Petitions: A new rule ensures that anyone with an approved I-360 is eligible for a work permit (EAD), even if they are not yet eligible to file for their green card.

Evidence Checklist

  • Proof of Abuser’s Status: Abuser’s birth certificate, U.S. passport, or green card (we can help you get this).
  • Proof of Relationship: Your marriage certificate, birth certificates of children.
  • Proof of “Good Faith” Marriage: Joint lease, joint bank accounts, photos, letters from friends/family.
  • Proof of Abuse: Your detailed personal declaration, police reports, medical records, court records, or a psychological evaluation.
  • Proof of Good Moral Character: Police clearance letters for yourself.

Risks & Practical Tips

  • Confidentiality is the Law: USCIS is legally barred from contacting your abuser. All notices will come to our office. Your safety is the highest priority.
  • Your Declaration is Key: The most important evidence is your own sworn statement. We help you write a detailed declaration that tells your story and meets the legal standard.
  • Divorce & Remarriage: You can still file if your abuser divorced you (within the last 2 years) or if you remarried after the I-360 was approved.

Next Steps

Your safety and your status are linked. Call us for a private, safe, and confidential consultation. We can help you plan your path to independence and a green card.
Last updated October 2025. Regulations change frequently—contact us for a personalized assessment.
This information is for educational purposes only and does not constitute legal advice.