VAWA Self-Petition Overview: Who Can Petition Independently

01

Why VAWA Exists

Family-based immigration generally requires a U.S. citizen or permanent resident relative to file a petition. USCIS notes that some petitioners use refusal to file or withdrawal of a petition to control or coerce beneficiaries. The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations allow abused relatives to petition independently, without relying on the abuser.

Although the law’s name includes “Women,” the official eligibility requirements are based on the relationships of “spouse, child, and parent.” Both USCIS and the Policy Manual use the terms spouse, child, and parent, rather than making distinctions based on gender.

02

Three Categories of Self-Petitioners

(1) Spouses: people subjected to battery or extreme cruelty by a U.S. citizen or permanent resident spouse (or former spouse; see the article “End of Marriage and Time Limits”); (2) Children: unmarried people under age 21 who have been abused by a U.S. citizen or permanent resident parent; (3) Parents: people abused by a U.S. citizen son or daughter who is at least 21 years old.

For the parent category, the abuser must be a U.S. citizen, not a permanent resident; for the spouse and child categories, the abuser may be a U.S. citizen or permanent resident. USCIS treats spouses or children of U.S. nationals as spouses or children of permanent residents.

03

The Abuser’s Knowledge or Consent Is Not Required

USCIS expressly states that Form I-360 may be filed without the abusive family member’s knowledge or consent. The official evidentiary requirements call for proof of the elements of eligibility; this website neither requires nor collects any personal accounts.

04

Form I-360 Is Not a Green Card Itself

Form I-360 is a multipurpose petition form, and VAWA accounts for only some of its categories; it is also used for widows and widowers of U.S. citizens, Amerasians, religious workers, and others. After a VAWA I-360 petition is approved, the person must still file Form I-485 within the United States or obtain an immigrant visa through consular processing abroad in order to become a permanent resident.

05

Filing While Outside the United States

Policy Manual, Chapter 2, Section H: When filing from abroad, a self-petitioner must, in addition to meeting the general eligibility requirements, establish one of the following—the abusive U.S. citizen or permanent resident is employed by the U.S. government and works abroad; the abuser is a member of the U.S. uniformed services stationed outside the United States; or the alleged battery or extreme cruelty occurred in the United States.

When the petition has been approved and a visa number is available, the person may apply for an immigrant visa to enter the United States and become a permanent resident. Those in the spouse and child categories may include eligible children (including children born after approval) when applying for an immigrant visa or adjustment of status within the United States, without filing separate petitions; the parent category has no derivative beneficiaries.