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
- USCIS · Green Card for VAWA Self-Petitioner Official update: 2026-06-26 · Read by this site: 2026-10-10 UTC
- USCIS · Abused Spouses, Children and Parents Official update: 2026-06-26 · Read by this site: 2026-10-10 UTC
- USCIS · Visa Availability and Priority Dates Official update: 2025-01-24 · Read by this site: 2026-10-10 UTC
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
- USCIS · Green Card for VAWA Self-Petitioner Official update: 2026-06-26 · Read by this site: 2026-10-10 UTC
- USCIS · I-601, Application for Waiver of Grounds of Inadmissibility Official update: 2026-10-07 · Read by this site: 2026-10-10 UTC
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
- USCIS · Affidavit of Support Official update: 2026-09-04 · Read by this site: 2026-10-10 UTC
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
- U.S. Code (GovInfo 2024 edition) · 8 U.S.C. 1367 – Penalties for disclosure of information Official update: not stated on page · Read by this site: 2026-10-10 UTC
- USCIS Policy Manual · Vol. 1, Part A, Ch. 7 – Privacy and Confidentiality Official update: 2026-10-02 · Read by this site: 2026-10-10 UTC
- USCIS · Abused Spouses, Children and Parents Official update: 2026-06-26 · Read by this site: 2026-10-10 UTC
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
- Family-Based ImmigrationVAWA Self-Petition Overview: Who Can Petition IndependentlyPeople abused by a U.S. citizen or permanent resident spouse or parent, as well as parents abused by an adult U.S. citizen child, may self-petition using Form I-360.Protection and SurvivorsVAWAI-360Self-Petitioning
- Family-Based ImmigrationI-751 Removal of Conditions: Joint Filing, Death of a Spouse, and Three Types of WaiversThree types of waivers—extreme hardship, termination of the marriage for reasons other than death, and battery or extreme cruelty—and individual filing upon the death of a spouse.Family Changes and ChildrenConditional ResidentI-751Waivers
- Family-Based ImmigrationBarriers to Adjustment of Status Within the United States and Waivers of Inadmissibility: 245(c), Entry Without Inspection, 245(i), I-601AThe immediate-relative exemption from status-violation bars does not waive the unlawful-presence bars to admission; the 245(i) grandfathering provision; qualifying relatives for I-601A do not include children.Process and Sponsorship245(i)I-601AUnlawful Presence
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