A VAWA self-petition can be filed on Form I-360, without the abusive relative's knowledge or consent, by the abused spouse or child of a United States citizen or lawful permanent resident, or by the abused parent of a citizen son or daughter 21 or older. California has no special VAWA rule; the eligibility conditions come entirely from federal law.
Who qualifies to file a VAWA self-petition?
A current or former spouse or a child of an abusive U.S. citizen or permanent resident can self-petition, and so can the parent of an abusive citizen 21 or older.
Under 8 U.S.C. 1154(a)(1)(A)(iii) and (iv), a spouse or child who "has been battered or has been the subject of extreme cruelty" perpetrated by a United States citizen spouse or parent may file a self-petition on Form I-360, and a parallel rule at 1154(a)(1)(B)(ii) covers the spouse of an abusive lawful permanent resident. Every category shares the same core elements: a qualifying relationship to the abuser, battery or extreme cruelty during that relationship, residence with the abuser at some point, and good moral character; a spouse must also show the marriage was entered into in good faith. USCIS's own guidance summarizes who may file: "Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS." A spouse does not have to still be married to the abuser to qualify. Under 1154(a)(1)(A)(iii)(II)(aa)(CC), a person who was a bona fide spouse within the past two years may still self-petition if the marriage ended by the citizen spouse's death, by a divorce connected to the abuse, or because the abuser lost or renounced citizenship related to an incident of domestic violence.
What counts as battery or extreme cruelty for this purpose?
Federal rules count any act or threat of violence that causes or threatens physical or mental injury, psychological or sexual abuse, and sometimes acts within an overall pattern of violence.
The USCIS regulation, 8 C.F.R. 204.2(c)(1)(vi), says the phrase "includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury," and treats psychological or sexual abuse or exploitation as acts of violence. Congress also set a deliberately open evidentiary standard rather than a fixed checklist. 8 U.S.C. 1154(a)(1)(J) says that in deciding a self-petition, "the Attorney General shall consider any credible evidence relevant to the petition," and that "the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General." That standard, often called the "any credible evidence" rule, is lower than the paperwork a reader might expect for an ordinary family immigration petition. It still has to add up to battery or extreme cruelty during the marriage or relationship, and, for a spouse, evidence that the marriage was entered into in good faith rather than to get an immigration benefit.
Where is a VAWA self-petition filed and decided?
USCIS, not a court or an immigration judge, decides a self-petition. Where the petitioner lives controls only the mailing lockbox and which local office might later interview the person.
A VAWA self-petition is filed on Form I-360 with USCIS, which decides it; it is not a matter a superior court or an immigration judge hears unless the person is already in removal proceedings and seeking the separate relief described below. USCIS's own filing-address guidance sends a VAWA Form I-360 to one of three lockboxes depending on where the petitioner lives; California filers use the Phoenix lockbox. A person selected for an interview is seen "at the USCIS field office with jurisdiction over the self-petitioner's residence," by officers USCIS describes as trained in "trauma-informed interview techniques," which can include USCIS field offices serving Riverside, Long Beach, and other California cities. No immigration court hears the self-petition itself, so a petitioner in Riverside, Long Beach or anywhere else in California does not go to a local courthouse for it.
What does an approved VAWA self-petition actually do?
Approval gives immigrant classification, a step toward a green card, not immigration status by itself. USCIS may also consider the approved self-petitioner for deferred action and work authorization.
USCIS says it directly: "If your Form I-360 is approved, it does not provide immigration status to you and your derivative beneficiaries. An approved Form I-360 provides immigrant classification so that you and your derivative beneficiaries may be eligible to apply for lawful permanent residence (obtain a Green Card)." A person already in the United States applies to adjust status; someone outside the country goes through consular processing. There is no fee to file Form I-360 as a VAWA self-petitioner. Once approved, the self-petitioner becomes eligible for work authorization, and USCIS may consider the person for deferred action on a case-by-case basis while the green card application moves forward. An unmarried child under 21 can be included as a derivative beneficiary on a spouse's or parent's self-petition, though a parent self-petitioning as the abused parent of a U.S. citizen son or daughter cannot include derivative beneficiaries. The abuser is not supposed to find out: 8 U.S.C. 1367 bars an adverse admissibility or deportability decision based solely on information the abuser (or a relative of the abuser living in the same household who abused the person while the abuser agreed or went along with it) provides, unless the person has been convicted of a crime listed in 8 U.S.C. 1227(a)(2), the criminal grounds of deportation. It separately bars officials from disclosing to anyone outside the government, with narrow exceptions, any information relating to a person who is the beneficiary of a VAWA self-petition or similar form of relief. That protection ends only if the application is denied and every appeal of the denial is exhausted.
How is a VAWA self-petition different from VAWA cancellation of removal?
A self-petition is a USCIS benefits filing that does not require removal proceedings. VAWA cancellation of removal is a different, lower-hardship relief only an immigration judge can grant.
The two are easy to mix up because both come from the same statute family and both exist because of abuse. The self-petition this page covers, under 8 U.S.C. 1154(a)(1)(A)(iii)/(iv) and (B)(ii)/(iii), is a benefits petition decided by USCIS, available whether or not the person is in removal proceedings. Cancellation of removal's separate "special rule for battered spouse or child," at 8 U.S.C. 1229b(b)(2), is relief an immigration judge grants instead, available only to someone already in removal proceedings before that judge; it asks for 3 years of continuous physical presence, rather than the self-petition's residence requirement, and "extreme hardship" to the person, the person's child or the person's parent, a lower bar than the "exceptional and extremely unusual hardship" to a U.S. citizen or permanent resident spouse, parent or child that other nonpermanent residents must show for ordinary cancellation of removal. A VAWA self-petitioner who is also facing a California criminal case connected to the abuser, such as a protective order matter, should have that case reviewed for how it affects either path; the firm's answer on getting an immigration review before a plea covers that timing.
What should someone do before filing a VAWA self-petition?
Gather evidence of the relationship, the abuse, and good moral character, and get a safety plan in place before filing, since the paperwork itself should not reach the abuser.
Because USCIS weighs any credible evidence, a self-petitioner benefits from gathering what actually exists: police reports, protective orders, medical or counseling records, photographs, or statements from people who witnessed the relationship or its effects, together with proof of the qualifying relationship itself, such as a marriage certificate or birth certificate. A person who is a victim of a different crime, rather than specifically the battery or extreme cruelty of a relative, may fit the separate U visa or T visa categories instead, each with its own conditions; the firm's answer on U visa certification while a California criminal case is open covers one related situation. Anyone in immediate danger should call 911; the National Domestic Violence Hotline at 800-799-7233 offers immediate assistance and support before or alongside any immigration filing. Safety comes first, and a lawyer can check whether a deadline, such as the two-year limit after a divorce, affects the timing.
Frequently asked questions
Does the abuser get notified about a VAWA self-petition?
No. 8 U.S.C. 1367 bars disclosing information about the self-petition to anyone outside the government, with narrow exceptions, unless the self-petition is denied and every appeal is exhausted. It also bars an adverse admissibility or deportability decision based solely on information the abuser provides, unless the person has been convicted of a crime listed in 8 U.S.C. 1227(a)(2).
Can a VAWA self-petitioner work legally in the United States?
Yes, once USCIS approves the self-petition. Approval makes the self-petitioner eligible for work authorization, a separate step from the later green card application itself.
Does someone have to still be married to the abuser to self-petition?
No. A person may still qualify within two years after the marriage ends by the citizen spouse's death, by a divorce connected to the abuse, or because the abuser lost or renounced citizenship related to an incident of domestic violence.
Can children be included on a parent's self-petition?
Yes, if they are under 21 and unmarried when the self-petition is filed. A parent who self-petitions as the abused parent of a U.S. citizen son or daughter cannot include derivative beneficiaries.
Is there a fee to file Form I-360 as a VAWA self-petitioner?
No. USCIS charges no filing fee for a VAWA self-petition filed on Form I-360.
What if the self-petitioner is living outside the United States?
Someone filing from abroad must also show that the abusive relative works for the U.S. government, serves in the uniformed services, or subjected the petitioner or the petitioner's child to abuse while in the United States.
Talk to a lawyer
A VAWA self-petition can move forward on its own timeline, separate from any criminal case connected to the abuse. The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Se habla español. Call (800) 755-5174 or use the contact page to talk through eligibility and the evidence a self-petition needs.