An immigrant who has been abused by a U.S. citizen or permanent resident spouse or parent, or by an adult U.S. citizen son or daughter, can seek a green card without that person’s knowledge or cooperation. The application is a VAWA self-petition, filed on Form I-360 under the Violence Against Women Act (VAWA), and it is available to survivors of any gender. Guidance issued by USCIS in December 2025 applies stricter evidence standards to every pending and new petition, which has made careful documentation more consequential than it once was.
When an immigration case depends on an abusive relative, that dependence is often part of the abuse. Withheld passports and birth certificates, threats to report someone to immigration authorities, and a family petition that is promised but never filed are all common forms of control.
Under a self-petition, the abuser does not sign the petition, is not asked to participate, and does not receive any of the notices USCIS sends. Scott D. Pollock & Associates, P.C. represents VAWA self-petitioners from our Chicago office and nationwide, with attention to both the legal requirements and the practical safety concerns that come with filing.
Who Can File a VAWA Self-Petition
Self-petitioning is limited to specific family relationships with an abusive U.S. citizen or lawful permanent resident. The following individuals may qualify:
A spouse who was subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse
A spouse whose child was subjected to battery or extreme cruelty by the U.S. citizen or permanent resident spouse, even if the child is not the abuser’s child
An unmarried child under 21 who was abused by a U.S. citizen or permanent resident parent, including a stepparent
A parent who was abused by a U.S. citizen son or daughter who is at least 21 years old
The children of a self-petitioning spouse may be included on the petition as derivatives. A child who does not file before turning 21 may still self-petition until age 25 if the abuse was a central reason for the delay.
A self-petition depends on one of these legal relationships, so an unmarried partner does not qualify. A survivor of domestic violence outside a qualifying relationship may, however, be eligible for a U visa for victims of criminal activity, which is available to victims of certain crimes who assist law enforcement.
The qualifying categories have widened as Congress has revisited the law. The self-petition was created by the original Violence Against Women Act in 1994. The 2000 reauthorization allowed a former spouse to file within two years after a divorce, and the 2005 reauthorization extended self-petitioning to parents abused by adult U.S. citizen children. VAWA was reauthorized again in 2013 and most recently in 2022, through 2027.
What a VAWA Self-Petition Must Show
A self-petition is filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, together with evidence of each eligibility requirement. There is no filing fee. The evidence ordinarily includes:
- Proof of the abuser’s U.S. citizenship or lawful permanent resident status
- Proof of the qualifying relationship, such as a marriage certificate or birth certificate
- For spouses, evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit
- Evidence that the self-petitioner and the abuser lived together, such as leases, utility bills, school records, or insurance documents
- Evidence of battery or extreme cruelty, such as a detailed personal statement, medical records, protective orders, police reports, or statements from shelter staff, counselors, or others with knowledge of the abuse
- Evidence of good moral character for the three years before filing, ordinarily a personal statement supported by police clearances or state criminal background checks from each place the self-petitioner lived for six months or more during that period
Abusers often control the documents a petition relies on. The statute allows USCIS to consider any credible evidence, so a petition is not automatically defeated because a particular record, such as a police report, is unavailable. How much weight USCIS gives the evidence that is submitted has, however, changed.
How USCIS Evaluates VAWA Evidence After December 2025
On December 22, 2025, USCIS revised the VAWA chapters of its Policy Manual. The revised guidance took effect immediately and applies to petitions that were already pending as well as to new filings. The statutory requirements are unchanged, but officers now apply them differently in several respects.
A denied petition can be followed by a Notice to Appear, which begins removal proceedings in immigration court. Under the current guidance, how the evidence is assembled before filing, and whether other forms of relief are available as a fallback, matter more than they did before.
Residence with the Abuser
The self-petitioner must show that they lived with the abuser during the qualifying relationship (for a spouse, during the marriage) rather than only before or after it. Visits to the abuser’s home, while the self-petitioner kept a principal residence elsewhere, do not count.
Weight of Personal Statements
A declaration that is not supported by records such as hospital, police, or social services documents may be given less weight. USCIS also compares the evidence submitted against information already in government databases.
Extreme Cruelty
The term “extreme” is now read narrowly. Hurtful conduct alone, or conflict of limited severity, is not treated as extreme cruelty.
Background Checks
Biometrics results that reveal a bar to good moral character can lead to the denial of a pending petition or the revocation of an approved one, and an omitted criminal history can affect how credible the rest of the petition is found to be.
From VAWA Approval to a Green Card
An approved self-petition establishes eligibility for permanent residence, but the green card is a separate application. Within the United States, it is requested on Form I-485 through an application to adjust status, which allows permanent residence to be granted without leaving the country. Approval of the self-petition does not guarantee approval of the I-485, which is decided on its own requirements, including admissibility.
When the abuser is a U.S. citizen, the self-petitioner is treated as an immediate relative, and visas in that category are always available. The I-485 can therefore be filed at the same time as the self-petition or at any point afterward. When the abuser is a lawful permanent resident, the self-petitioner falls into a family preference category subject to annual limits, and the I-485 can be filed only once the Visa Bulletin shows a visa available for the self-petitioner’s priority date. That wait varies by category and country of birth.
Approved self-petitioners are eligible to request work authorization while the green card application is pending. The I-485, the work authorization application, and waivers of inadmissibility connected to the case are also exempt from USCIS fees. USCIS summarizes the process in its guidance for VAWA self-petitioners seeking a green card.
Confidentiality and Safety During a VAWA Case
Federal law (8 U.S.C. 1367) restricts USCIS and other agencies from disclosing information about a VAWA self-petition to the abuser. The abuser is not notified that a petition has been filed. A self-petitioner who does not feel safe receiving mail at home may list a safe mailing address on the application, such as a trusted relative’s address or an attorney’s office.
What an abuser can observe directly is a separate risk. Abusers sometimes monitor phones, email, browser history, shared computers, or a vehicle’s location, and a case can be exposed through those channels rather than through USCIS. Our attorneys can hold documents at our office, receive mail on a client’s behalf, and set up ways to communicate that do not pass through shared devices or accounts.
Other Protections for Immigrant Survivors of Abuse
Some survivors qualify for relief other than a self-petition, or in addition to one.
VAWA Cancellation of Removal
An abused spouse or child of a U.S. citizen or permanent resident, or the parent of an abused child, who is already in removal proceedings may be eligible for VAWA cancellation of removal, which is decided by an immigration judge. It carries separate requirements, including three years of continuous physical presence in the United States, good moral character, and a showing that removal would cause extreme hardship. Because the standards in immigration court differ from those at USCIS, cases already in deportation and removal defense are best reviewed with an immigration attorney before anything is filed.
Abuse Waiver for Conditional Residents
A spouse who holds a two-year conditional green card through marriage ordinarily files jointly with the U.S. citizen or permanent resident spouse to remove the conditions. When the conditional resident has been subjected to battery or extreme cruelty, the joint filing requirement can be waived, and the petition to remove conditions (Form I-751) is filed independently and without a fee.
Frequently Asked Questions About VAWA Self-Petitions
Yes. Despite the law’s name, VAWA self-petitions are available to survivors of any gender, and the eligibility requirements are the same for men and women. A petition from a man abused by his wife or husband is evaluated under the same standards as any other.
Yes, within limits. A former spouse may self-petition within two years after the divorce if there is a connection between the divorce and the battery or extreme cruelty. Once that window closes, the marriage-based self-petition is ordinarily no longer available, although other forms of relief may be.
No. USCIS may consider any credible evidence of abuse, and many survivors never reported the abuse to the police. Under the December 2025 guidance, however, a personal statement without supporting records may be given less weight, so medical records, protective orders, counseling records, and statements from people with knowledge of the abuse carry added importance. An attorney can help you organize evidence.
Processing times for VAWA petitions vary and have lengthened as USCIS’s backlog has grown. USCIS publishes current estimates on its case processing times page. The green card stage adds further time, particularly when the abuser is a permanent resident and a Visa Bulletin wait applies.
Speak With a VAWA Attorney About Your Case
You do not need the cooperation of an abusive spouse or parent to pursue permanent residence, and the details of a self-petition are best reviewed before anything is filed. Call 312.444.1940 or fill out our online contact form to schedule a confidential consultation with Scott D. Pollock & Associates, P.C. today.