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FAMILY-BASED · 11

From VAWA Approval to a Green Card: Adjustment Requirements, Exemptions and Waivers, Confidentiality Protections, and Distinctions from Related Procedures

I-485 requirements, exemptions from adjustment bars and two grounds of inadmissibility, no I-864 requirement, confidentiality under 8 U.S.C. 1367, and distinctions from VAWA cancellation of removal and the I-751 waiver.

English translation of this site's original Chinese explainer · 12 official sources · read 2026-10-10 UTC · not legal advice

01

Requirements for Adjustment of Status Within the United States

To adjust status within the United States, a VAWA self-petitioner must: be physically present in the United States when filing Form I-485; be eligible for an immigrant visa (with a VAWA I-360 that is approved, pending, or filed concurrently with Form I-485); have a visa number available both at filing and at the time of the final decision; be admissible or obtain a waiver; and merit a favorable exercise of discretion. Approved petitioners outside the United States proceed through consular processing.

VAWA self-petitioners who are spouses or children of U.S. citizens are immediate relatives and are not subject to numerical limits; spouses or children of permanent residents must wait under preference categories such as F2A.

Sources for this section · 3

02

Exemptions from All Adjustment Bars, but Most Grounds of Inadmissibility Still Apply

USCIS states that VAWA self-petitioners and beneficiaries are exempt from all bars to adjustment of status. As for grounds of inadmissibility, all remain applicable except for “public charge” and “entry without inspection”; where necessary, applications such as Form I-601 or Form I-212 must be submitted to seek a waiver.

Sources for this section · 2

03

No I-864 Affidavit of Support Required

USCIS’s Affidavit of Support page lists individuals with an approved I-360 as a battered spouse or child as not required to submit Form I-864.

Sources for this section · 1

04

Confidentiality and Safety

8 U.S.C. 1367 provides that the government may not make an adverse determination of admissibility or deportability concerning a protected person based solely on information provided by an abusive spouse or parent (or family members living with them), and restricts disclosure of related information. The Policy Manual explains that individuals protected under section 1367 must use separate procedures for matters such as address changes. USCIS pages also provide links to resources such as the National Domestic Violence Hotline.

Sources for this section · 3

Frequently asked questions

Does VAWA Approval Mean You Have a Green Card?

No. Form I-485 or consular processing is still required.

Do You Need to Find a Financial Sponsor?

Individuals with an approved I-360 as a battered spouse or child do not need Form I-864.

Related category codes

Each code page shows its own review status; candidate content is not upgraded to reviewed because of this article.

Related articles

All official sources

  • USCIS · Green Card for VAWA Self-PetitionerSupports: Covered abusers; no need for the abuser's knowledge or consent; I-485 requirements; exemption from all adjustment bars; the public charge and entry-without-inspection provisions do not apply.Official update 2026-06-26 · read 2026-10-10 UTC
  • USCIS · Abused Spouses, Children and ParentsSupports: VAWA allows persons abused by U.S. citizen or permanent resident relatives to self-petition independently, without relying on the abuser to file a petition.Official update 2026-06-26 · read 2026-10-10 UTC
  • USCIS · Visa Availability and Priority DatesSupports: Immediate relatives are not subject to numerical limits; annual limits of approximately 226,000 for family-based immigration and 140,000 for employment-based immigration; priority dates, per-country limits, and the two charts.Official update 2025-01-24 · read 2026-10-10 UTC
  • USCIS · I-601, Application for Waiver of Grounds of InadmissibilitySupports: General application form for a waiver of inadmissibility.Official update 2026-10-07 · read 2026-10-10 UTC
  • USCIS · Affidavit of SupportSupports: Persons subject to I-864 and exemptions (40 quarters, children automatically acquiring citizenship under INA 320, approved widow/widower I-360 petitions, approved abused-spouse or abused-child I-360 petitions, etc.); circumstances terminating obligations; divorce does not terminate obligations; joint sponsors and substitute sponsors; 125% (100% for active-duty military personnel sponsoring spouses or children); asset calculations; beginning 2026-10-01, only the 08/24/26 edition is accepted.Official update 2026-09-04 · read 2026-10-10 UTC
  • U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1367 – Penalties for disclosure of informationSupports: An adverse admissibility/deportability determination may not be based solely on information supplied by an abusive spouse or parent (or family members living with them); disclosure of information about protected persons is also restricted.Official update not stated · read 2026-10-10 UTC
  • USCIS Policy Manual · Vol. 1, Part A, Ch. 7 – Privacy and ConfidentialitySupports: Address changes and related matters for persons protected under 8 U.S.C. 1367 must follow separate procedures.Official update 2026-10-02 · read 2026-10-10 UTC
  • U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1229b(b)(2) – Special rule for battered spouse or childSupports: Special “cancellation of removal” provisions for persons abused by U.S. citizen/permanent resident spouses or parents, granted at the discretion of the Department of Justice (immigration courts).Official update not stated · read 2026-10-10 UTC
  • USCIS Policy Manual · Vol. 6, Part I, Ch. 5 – Waiver of Joint Filing RequirementSupports: Grounds for waiver: deportation would result in extreme hardship; a good-faith marriage terminated for a reason other than death; battery or extreme cruelty by a spouse in a good-faith marriage (including abuse of children); a request may be made at any time up to a final deportation order; grounds may be changed or added.Official update 2026-10-02 · read 2026-10-10 UTC
  • USCIS · Green Card Eligibility CategoriesSupports: Official groupings and brief eligibility requirements for family-based, employment-based, special immigrant, refugee/asylee, T/U, VAWA, and other categories.Official update 2026-09-04 · read 2026-10-10 UTC
  • USCIS · Victims of Human Trafficking: T Nonimmigrant StatusSupports: A principal T applicant may petition for derivative T status for qualifying family members.Official update 2025-12-22 · read 2026-10-10 UTC
  • USCIS · Victims of Criminal Activity: U Nonimmigrant StatusSupports: A principal U applicant uses I-918 Supplement A to petition for derivative U status for qualifying family members.Official update 2025-12-22 · read 2026-10-10 UTC