USHumanitarian protection

VAWA self-petition in the US

VAWA is a mechanism for a self-filed green card petition for spouses, children and parents who have suffered domestic violence at the hands of a relative who is a US citizen or a green card holder. The applicant files the petition themselves, without the abuser’s knowledge, consent or involvement, and can at the same time seek safety and independence from them.

Visa term

Approval of the I-360 does not expire; the green card lasts 10 years

Threshold

No fees for the I-360; Form I-864W is used

Processing time

I-360 about 41–50 months; often 4–5 years to the green card

Work

The right to work is incident to approval of the I-360; an EAD with the I-485

Source: uscis.gov — VAWA self-petition

Who can qualify

USCIS distinguishes three categories of applicant. Each requires proof of battery or extreme cruelty by a relative who is a US citizen or a green card holder.

Spouse

A current, former or intended spouse of a US citizen or green card holder, where the abuser was cruel to the applicant personally
You may also file as a former spouse — if the marriage ended through the abuser’s death, through their loss of status because of an incident of violence, or through a divorce connected with the violence, no later than two years after that event
A spouse’s petition includes their unmarried children under 21, even if the abuser battered the applicant spouse rather than the children

Child

An unmarried child under 21 abused by a parent who is a US citizen or green card holder
Filing is also possible after 21 but before 25, if you can show that the abuse was the main reason for the delay in filing
The applicant’s own children are included in their petition as derivative beneficiaries

Parent

A parent of an adult US citizen, aged 21 or over, who has been abused by that son or daughter
The category is closed to parents of green card holders — the abuser must be a US citizen
No derivative beneficiaries can be included in a parent’s petition

What it costs

Form I-360 — VAWA self-petition	0 USD
Form I-485 — green card application for a VAWA self-petitioner and the family members included in the petition	0 USD
Form I-765 — work permission (EAD) in the VAWA category	0 USD
Form I-131 — travel document (advance parole) where Form I-485 has been filed (online filing)	+580 USD
Form I-131 — travel document (advance parole) where Form I-485 has been filed (paper filing)	630 USD
Total government feesThe sum of the mandatory rows in the table. “Form I-131 — travel document (advance parole) where Form I-485 has been filed (online filing)” adds 580 USD.	0–580 USD

Documents to gather

The general instructions to Form I-360 give no closed list of papers: USCIS has published a separate indicative evidence checklist specifically for VAWA self-petitioners.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Evidence of the abuser’s US citizenship or green card status
Evidence of the qualifying relationship with the abuser: a marriage certificate, divorce decree or birth certificate
Evidence of living with the abuser in the past or present: tenancy agreements, utility bills, bank statements to a shared address, children’s school records, medical records, tax returns
Evidence of the battery or extreme cruelty itself: reports and statements from the police, judges and other court officials, medical staff, school employees, clergy and social workers; copies of court protective orders, if any were issued
For applicants aged 14 and over — evidence of good moral character: police clearance certificates for each place where the applicant lived for 6 months or more in the three years before filing
For spouses — evidence that the marriage was entered into in good faith: joint insurance policies, property leases, tax returns, bank statements, evidence of courtship, the wedding ceremony and shared daily life
Where documents are in a foreign language — a full English translation with the translator’s certification of completeness and accuracy

How the process runs

The route from self-petition to green card can be travelled without waiting for the abuser to sign anything or even to learn of the process.

1
Gathering the evidence
The applicant gathers documents on the relationship with the abuser, on living together and on the incidents of violence — following the USCIS checklist for VAWA self-petitioners.
2
Filing Form I-360
The petition is filed independently, without the abuser’s knowledge, consent or involvement. No fee is charged for it.
3
Consideration and a possible interview
USCIS may schedule an interview in the case. Notice of it is sent to the applicant’s safe address and to their legal representative, if there is one; the interviews are conducted by officers with special training in working with trauma and with the confidentiality required by 8 U.S.C. § 1367.
4
Green card application
If the applicant is in the United States and a visa is immediately available, Form I-485 is filed — together with the I-360 while it is pending, or after it has been approved. If the applicant is abroad, USCIS sends the approved petition to the National Visa Center for consular processing.
5
Receiving the green card
Once Form I-485 is approved or consular processing is complete, the applicant and the children included in the petition receive US permanent resident status.

Who you can bring with you

The rules on derivative family members differ between the self-petition categories.

The children of a self-petitioning spouse or a self-petitioning child

Unmarried children under 21 are included as derivative beneficiaries, provided they have not filed a petition separately in their own name. When the petition is approved they receive the same immigration classification and priority date as the principal applicant and may apply for a green card when a visa becomes available.

Children born after the petition was approved

Such a child can be added at the green card application stage, without filing a new self-petition.

The children of a self-petitioning parent

The parent category makes no provision for derivative beneficiaries — each victim files their own separate petition.

Trips, renewal and the grace period

Having lived with the abuser at some point; 3 years as an LPR for citizenship

The physical green card must be replaced through Form I-90 when it has expired or expires within the next six months, and also if it is lost, stolen or damaged. If the residence is conditional, Form I-751 is filed separately to remove the conditions — these general rules apply to those who obtained status through VAWA as well.

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	VAWA self-petition	Asylum through USCIS	Asylum through the immigration court
Visa term	Approval of the I-360 does not expire; the green card lasts 10 years	The status is indefinite and is not renewed; the EAD and the travel document are renewed	The status is indefinite, there is no routine renewal
Grounds	Victims of domestic violence	Persecution	Persecution
Money	No fees for the I-360; Form I-864W is used	No government fee for Form I-589; no income or sponsor requirement	No government fee for the I-589
Work	The right to work is incident to approval of the I-360; an EAD with the I-485	After the grant — work without restrictions; while the case is pending, an EAD after 180 days	After the grant — work; while the case is pending, an EAD after 180 days
Residence	Having lived with the abuser at some point; 3 years as an LPR for citizenship	No minimum period; physical presence is required, filing within 1 year	Physical presence in the United States is required

What comes next: permanent residence and citizenship

Route to permanent residence

Green card (I-485), often filed together with the I-360 for immediate relatives

Route to citizenship

Naturalisation after 3 years as an LPR (even after divorcing the abuser)

Frequently asked questions about VAWA self-petition

Can a man file a VAWA self-petition?

Yes. USCIS confirms expressly that VAWA applies equally to victims of both sexes, despite the name of the Act.

Do you have to stay married to the abuser until Form I-360 is approved?

Not necessarily. Since 28 October 2000 the form can be filed even where the marriage has already ended: if the abuser died within the two years before filing, lost their citizenship or green card status because of an incident of violence, or the marriage ended in a divorce within the two years before filing and there is a connection between the divorce and the violence.

How much does it cost to file a VAWA self-petition?

Under the USCIS fee schedule the fee is zero both for Form I-360 and for Form I-485 (the green card application) for a VAWA self-petitioner and the family members included in the petition, and for Form I-765 (work permission) in this category.

Will the abuser find out that a self-petition has been filed?

Information about a VAWA self-petition is strictly confidential and protected by law (8 U.S.C. § 1367); the agency may not disclose it and cannot refuse the petition on the basis of information obtained solely from the abuser or from other prohibited sources. The application may give a safe postal address that differs from the place of actual residence.

How many years after a VAWA green card can you apply for naturalisation?

A spouse who obtained permanent resident status through an approved VAWA self-petition as a victim of battery or extreme cruelty by a US citizen may apply for naturalisation after three years of such residence and need not still be married to, or living with, the former spouse at the time of filing. For the other categories, including self-petitioning children and parents, the general five-year period applies.

What happens if USCIS refuses Form I-360?

The refusal letter explains how to appeal. The notice of appeal, together with the fee, must be filed with the Vermont Service Center within 33 days of receiving the refusal; the case is then sent to the Administrative Appeals Office (AAO) in Washington.

Can a VAWA self-petitioner work in the United States while the process runs?

Yes. If you tick the request for initial work permission when filing Form I-360 and the petition is approved, the EAD is issued automatically — there is no need to file Form I-765 separately. If that request was not made at the I-360 stage, Form I-765 must be filed separately once the petition is approved; there is no fee for it in the VAWA category.

Other ways to move to US

Every route in one list — migration programmes: US.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 7 August 2026.