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
- File Form I-360: The self-petition is filed with the USCIS Vermont Service Center, which handles all VAWA cases
- 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.
- Request for Evidence (RFE): USCIS will likely send an RFE asking for more proof of the abuse or the relationship.
- I-360 Approval: If approved, you are given “deferred action” (a safe status) and can apply for a work permit.
- 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.