What Is a VAWA Self-Petition?

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

A VAWA self-petition lets abused spouses, children and parents of US citizens or permanent residents apply for a green card on their own, without the abuser's knowledge or help. You file Form I-360, which has no fee, with evidence of the relationship, residence with the abuser, battery or extreme cruelty, and good moral character. Federal law keeps VAWA cases confidential from the abuser.

Many abusers use immigration status as a tool of control: threatening to withdraw a petition or report a spouse to immigration. The Violence Against Women Act (VAWA) takes that power away. Despite the name, VAWA protects people of any gender.

Who can self-petition

  • Spouses of US citizens or permanent residents who were abused by the spouse; also spouses whose children were abused
  • Former spouses, if the marriage ended within the past two years and is connected to the abuse
  • Children under 21 and unmarried, abused by a US citizen or permanent resident parent
  • Parents abused by a US citizen son or daughter who is 21 or older

(USCIS; 8 U.S.C. 1154)

What you must show

  • The qualifying relationship, and for spouses, that the marriage was entered in good faith
  • Battery or extreme cruelty by the relative; extreme cruelty includes psychological abuse, threats, isolation and control
  • That you lived with the abuser at some point
  • Good moral character

Evidence

  • Marriage and birth certificates, the abuser's citizenship or green card proof
  • Joint leases, bills, photos, children's records showing a real relationship
  • Your personal declaration, police reports, protective orders, medical records, counseling or shelter records, and statements from people who know what happened

Filing

File Form I-360; there is no fee. If approved, you may apply for a green card. Spouses of US citizens can often file the I-485 at the same time and are generally not subject to some bars that apply in other family cases.

Confidentiality

Federal law prohibits immigration officials from relying on information provided only by the abuser and from disclosing information about a VAWA case to the abuser (8 U.S.C. 1367). The abuser is not notified.

Safety first

If you are in danger, call 911 or the National Domestic Violence Hotline, and see legal options for domestic violence victims and restraining orders.

An immigration lawyer or domestic violence legal program can help prepare a VAWA case safely. See also U visas.

Sources

  1. USCIS: Form I-360
  2. Cornell Law School LII: 8 U.S.C. 1154(a)(1)(A)(iii), Self-petitions by abused spouses
  3. Cornell Law School LII: 8 U.S.C. 1367, Penalties for disclosure of information

Find immigration lawyers near you

Whether you need help with a visa, a green card, citizenship, asylum or deportation defense, compare local immigration attorneys by Google rating, reviews and office hours below.

Immigration Lawyers by state

AKAlaskaMEVTNHWAWashingtonIDIdahoMTNDMNILIllinoisWIMIMichiganNYNew YorkRIMAMassachusettsOROregonNVNevadaWYSDIAINIndianaOHOhioPANJNew JerseyCTCACaliforniaUTUtahCOColoradoNENebraskaMOMissouriKYWVVAVirginiaMDDEAZArizonaNMNew MexicoKSARArkansasTNTennesseeNCNorth CarolinaSCSouth CarolinaDCOKOklahomaLALouisianaMSALAlabamaGAGeorgiaHITXTexasFLFlorida

Tap your state to see listings by city.

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

Related questions