ImmigrantFamily-basedHumanitarianSelf-petitionNo filing feeForm I-360

VAWA VAWA Self-Petition

A path to a green card for spouses, children and parents abused by a U.S. citizen or permanent resident relative, filed by the victim without the abuser’s knowledge or consent.

Last reviewed Oct 1, 2026Sources: USCISReport an error

At a glance

Who files: The abused spouse, child or parent, on Form I-360
Abuser must be: A U.S. citizen or permanent resident spouse or parent, or a U.S. citizen son or daughter aged 21+
USCIS filing fee: $0 for a VAWA self-petition
Interim notice: Notice of Prima Facie Case, valid 1 year, renewed in 180-day periods
Work permit: Eligible once the I-360 is approved (EAD code (c)(31))
Result: Immigrant classification; green card through adjustment of status or an immigrant visa

Stricter USCIS guidance since Dec. 22, 2025. USCIS rewrote its VAWA guidance in Policy Alert PA-2025-33, which applies to self-petitions pending or filed on or after Dec. 22, 2025. It requires self-petitioning spouses to prove a good-faith marriage with primary evidence such as a legally valid marriage certificate and proof that all prior marriages ended, requires the self-petitioner to have lived with the abuser during the qualifying relationship, and stresses that USCIS alone decides what evidence is credible and how much weight it gets. USCIS’s VAWA page (updated June 26, 2026) also says it may call some self-petitioners for an interview at a field office.

Overview

The Violence Against Women Act of 1994 and its reauthorizations let certain people who were abused by a U.S. citizen or lawful permanent resident relative petition for immigrant classification themselves, instead of depending on the abuser to file Form I-130. The self-petition is filed on Form I-360 without the abuser’s knowledge, consent or participation. Source: USCIS: Abused Spouses, Children and Parents.

Three groups can self-petition: spouses (including former and intended spouses) of abusive U.S. citizens or permanent residents; unmarried children under 21 of an abusive U.S. citizen or permanent resident parent; and parents abused by a U.S. citizen son or daughter who is at least 21. Self-petitioners related to a U.S. citizen are immediate relatives, so a visa is always available; those related to a permanent resident fall into a family preference category and may have to wait for their Visa Bulletin date.

An approved I-360 gives immigrant classification, not status. Self-petitioners in the United States then apply for a green card on Form I-485; those abroad continue through the National Visa Center and a consulate. The Department of State uses its own visa symbols for these cases — IB1, IB2, IB3 and IB5 for relatives of U.S. citizens, and B- and BX-series symbols for preference cases — listed in 22 CFR 42.11.

Who qualifies

The self-petitioner must show

A qualifying relationship to the abusive U.S. citizen or permanent resident: spouse, intended spouse (a marriage invalid only because of the abuser’s bigamy) or former spouse; unmarried child under 21; or parent of a U.S. citizen son or daughter aged 21 or older.
Battery or extreme cruelty by that relative during the qualifying relationship. A spouse may also qualify if the abuser battered or was extremely cruel to the spouse’s child.
Residence with the abuser at some point during the qualifying relationship. There is no minimum length, and it need not have been in the United States.
Good moral character. USCIS generally looks at the 3 years before filing; children under 14 are not required to submit evidence of it.
For spouses only: the marriage was entered into in good faith, not to evade immigration law.

Timing rules

A divorced spouse must file within 2 years of a divorce connected to the abuse. A spouse or parent whose abusive U.S. citizen relative died must file within 2 years of the death; per USCIS
If the abuser lost or renounced citizenship or permanent residence because of an incident of domestic violence, the self-petition must be filed within 2 years of that loss.
An abused child who turned 21 may still file before age 25 if they were eligible the day before turning 21 and the abuse was one central reason for the delay.
A self-petitioning spouse who remarries before USCIS makes a final decision is denied; remarriage after approval does not affect it (Policy Manual Vol. 3, Part D, Ch. 3).

Filing from outside the United States

The abuser is a U.S. government employee or a member of the U.S. armed forces, or
The abuse took place in the United States.

Duration & extensions

Approved I-360	Immigrant classification only; no status by itself
Notice of Prima Facie Case	Valid 1 year; USCIS renews it automatically for 180-day periods until it decides the petition
Deferred action	Possible after approval, case by case, for self-petitioners and derivative children in the United States
Green card	Permanent residence once a visa is available and the I-485 or immigrant visa is approved
Naturalization	Spouses of an abusive U.S. citizen may use the 3-year spousal rule without staying married (USCIS Policy Manual Vol. 12, Part G, Ch. 3)

Fees

VAWA self-petitioners are exempt from the USCIS fees for the petition and most related forms under 8 CFR 106.2 and 8 CFR 106.3(b)(6).

Fee	Amount	Who pays	Notes
Form I-360 (VAWA self-petition)	$0	Self-petitioner	$515 for most other I-360 categories
Form I-485 adjustment of status	$0	Self-petitioner and derivatives	Fee exempt for VAWA self-petitioners
Form I-765 work permit	$0	Self-petitioner and derivatives	Initial, renewal and replacement under (c)(9), (c)(14) and INA 204(a)(1)(K)
Forms I-131, I-212, I-601, I-601A, I-824	$0	Self-petitioner	Travel document, waivers and related requests; I-290B also exempt in listed situations
Immigrant visa application fee (abroad)	$205	Self-petitioner abroad	State Department fee for “other immigrant visa applications (including I-360 self-petitioners)”

A permanent resident who files Form I-751 with a battery or extreme cruelty waiver also pays no fee (otherwise $750). Medical examination costs are paid to the doctor and are not set by USCIS.

Processing time

Filing fee: $0; No USCIS fee for a VAWA I-360
Prima facie notice: 1 year; Then renewed in 180-day periods while pending
RFE / NOID response: Up to 12 weeks / 30 days; Maximum response periods under 8 CFR 103.2(b)(8), per USCIS

There is no fixed processing time. USCIS does not issue prima facie determinations for self-petitions filed from abroad. Check current times on USCIS processing times (Form I-360, VAWA).

Application steps

1
Gather evidence
Collect proof of the abuser’s U.S. citizenship or permanent residence, the relationship, shared residence, the abuse (police, medical, court or shelter records, protection orders, detailed statements) and good moral character. USCIS considers any credible evidence.
2
File Form I-360
Complete Part 3 as the self-petitioner and, if needed, give a safe mailing address. Eligible children under 21 can be listed as derivatives (not on a parent’s self-petition). Check the box to request a work permit.
3
Prima facie review
For self-petitions filed in the United States, USCIS first decides whether the filing shows a prima facie case. If so, it issues a Notice of Prima Facie Case, which spouses and children can use to apply for certain public benefits.
4
Adjudication
USCIS reviews the full record and may send a request for evidence or notice of intent to deny, or schedule an interview at the local field office. Interview notices go to the safe address and to the representative.
5
Approval
USCIS approves the I-360. If requested on the form, it considers the self-petitioner for an EAD automatically; derivative children file Form I-765. Deferred action may be considered case by case.
6
Apply for the green card
In the United States, file Form I-485 (it can be filed together with the I-360 if a visa is immediately available). Abroad, USCIS sends the approved petition to the National Visa Center for consular processing.

Required documents

From the self-petitioner

Form I-360 with a detailed personal statement
Evidence of the abuser’s U.S. citizenship or permanent resident status
Marriage or birth certificates, and proof that all prior marriages ended (spouses)
Evidence of good-faith marriage and shared residence (leases, bank records, tax filings, children’s birth certificates)
Evidence of abuse: police, medical, court or school records, protection orders, statements from social workers, clergy or shelters
Police clearances or state background checks for each place lived 6 months or more in the 3 years before filing (age 14+)

For derivative children

Proof the child is under 21 and unmarried at filing
Birth certificate or other proof of the parent–child relationship

Dependents & family

A self-petitioning spouse or child may list their own unmarried children under 21 as derivative beneficiaries; a self-petitioning parent may not. Derivatives receive the same classification and priority date and can apply for green cards when a visa is available. A child born after approval can be added when the self-petitioner applies for permanent residence, per USCIS.

A derivative child who turns 21 after the self-petition is filed is automatically treated as a self-petitioner with the same priority date if still unmarried, and the Child Status Protection Act may also apply (Policy Manual Vol. 3, Part D, Ch. 3). If an abusive permanent resident naturalizes after the self-petition is filed, the spouse or child is automatically reclassified as the relative of a U.S. citizen.

After you arrive

An approved VAWA self-petition is the basis for permanent residence. According to USCIS, VAWA self-petitioners are exempt from all bars to adjustment and from the public charge and entry-without-inspection grounds of inadmissibility; other grounds apply but may be waived.

Step 1

Wait for a visa if needed

Relatives of U.S. citizens can file Form I-485 at any time. Spouses and children of permanent residents file when their priority date is current.

Step 2

File Form I-485 or consular process

File the I-485 with the I-360, while it is pending, or after approval. Self-petitioners abroad apply for an immigrant visa at a consulate.

Step 3

Switch a pending I-485

A person with an I-485 based on the abuser’s I-130 can ask the field office to convert it to the self-petition; the I-360 must be filed within 30 days of the request.

Step 4

Naturalize

Spouses of an abusive U.S. citizen may apply after 3 years as a permanent resident without remaining married; others follow the general rules.

Related relief: a conditional resident abused by a U.S. citizen or permanent resident spouse can ask to waive the joint filing requirement on Form I-751. In removal proceedings, an immigration judge may grant VAWA cancellation of removal (INA 240A(b)(2)) to an abused spouse or child with 3 years of continuous physical presence, good moral character and extreme hardship.

U-1

Victim of qualifying criminal activity

For crime victims who help law enforcement; the abuser’s status does not matter.

T-1

Victim of human trafficking

Separate status for victims of severe forms of trafficking.

IR-1

Spouse of a U.S. citizen

The standard route when the citizen spouse files Form I-130.

CR-1

Conditional spouse of a U.S. citizen

Two-year card; abused spouses can request an I-751 waiver.

F2A

Spouse or child of a permanent resident

Preference category used by self-petitioning relatives of permanent residents.

Common questions

Does the abuser find out about a VAWA self-petition?

The petition is filed without the abuser’s knowledge or consent. Under 8 U.S.C. 1367, DHS, Justice and State Department officials may not disclose information about a VAWA self-petitioner to anyone outside the agencies except in listed situations, and may not make an adverse admissibility or deportability decision based only on information supplied by the abuser. Willful violations carry a civil penalty of up to $5,000 each.

Is there a fee?

No. There is no USCIS fee for a VAWA Form I-360, and VAWA self-petitioners are also exempt from the fees for Form I-485, work permits and several waivers. Applicants processed abroad pay the State Department’s $205 immigrant visa application fee.

Can men and parents file?

Yes. The law is not limited by sex. Parents can self-petition if abused by a U.S. citizen son or daughter aged 21 or older, but they cannot include derivative children and are not “qualified aliens” for public benefits.

Can I work while the petition is pending?

Not on the basis of a pending I-360 alone. An EAD becomes available after approval. Spouses and children who receive a Notice of Prima Facie Case may use it to apply for certain public benefits.

What if I am a conditional resident?

A conditional resident abused by the U.S. citizen or permanent resident spouse can file Form I-751 alone with a battery or extreme cruelty waiver at any time before conditional status expires, with no filing fee.

Official sources

Recent changes

Aug 24, 2026
Court orders USCIS to adjudicate held cases. In Red Eagle Law v. Edlow (N.D. Cal.), the court enjoined hold memos PM-602-0192 and PM-602-0194, which had paused benefit requests from nationals of the 39 countries named in Proclamations 10949 and 10998. USCIS says it will adjudicate covered applications in the normal course pending possible further review. Source ↗
May 8, 2026
Deferred action treated as extraordinary discretion. Policy Alert PA-2026-01 states that, unless required by law or regulation, USCIS grants deferred action only case by case as an extraordinary use of prosecutorial discretion, not to categories of people. Source ↗
Dec 22, 2025
VAWA Policy Manual guidance rewritten. PA-2025-33 revised Volume 3, Part D in full: primary evidence of a good-faith marriage, residence with the abuser during the qualifying relationship, stricter step-relationship rules and USCIS’s sole discretion over credibility. USCIS cited a roughly 360% rise in VAWA self-petitions from FY 2020 to FY 2024. Source ↗
Dec 16, 2025
Proclamation 10998 entry restrictions (effective Jan. 1, 2026). Suspends or limits entry of nationals of listed countries. Its exceptions do not include VAWA self-petitioners, so those applying for an immigrant visa abroad may be affected. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.