VAWA self-petition (Form I-360) — for victims of USC/LPR abuse

The Violence Against Women Act (VAWA) allows victims of domestic abuse to self-petition for immigration status WITHOUT the abuser’s involvement or knowledge. Created in 1994, expanded multiple times since.

Official USCIS Fee (effective 2024-04-01)

Verified source: Federal Register 2024-01427

Fee: FREE

FREE for VAWA — domestic violence victim self-petition

Verify current fee

⚠️ USCIS fees can change. Verify the current fee before filing at:

• USCIS Fee Calculator — official tool
• USCIS Form G-1055 — full schedule

Critical: Despite the name, VAWA covers ALL genders and family relationships

VAWA self-petition is available for:

• Spouse abused by US citizen or LPR (regardless of gender)
• Child (under 21) abused by US citizen or LPR parent
• Parent abused by adult US citizen child (parent of USC age 21+)
• Intended spouse in bigamy/fraudulent marriage situations

Qualifying abuse

VAWA covers “extreme cruelty” including:

• Physical violence
• Sexual abuse
• Psychological/emotional abuse
• Forced isolation
• Threats of deportation
• Financial control (withholding money, preventing work)
• Threats to family in home country
• Coercive control

Not just physical violence. The abuse must be subsequent to a qualifying relationship.

Eligibility (all must be met)

1. You have a qualifying relationship with abuser (spouse, parent, child)
2. The abuser is a US citizen or LPR
3. You have been subjected to battery or extreme cruelty
4. You currently live or have lived with the abuser
5. You are a person of good moral character

The process

1. Find a VAWA-experienced attorney/advocate

• Often free pro bono via domestic violence shelters or legal aid
• National Domestic Violence Hotline: 1-800-799-7233
• Tahirih Justice Center, CLINIC, RAICES have VAWA programs

2. Gather evidence (with safety planning)

• Identity documents
• Abuser’s status documents (passport, birth certificate, green card)
• Marriage or relationship documents
• Evidence of abuse:
  • Police reports (call 911, get incident numbers)
  • Hospital/medical records
  • Photos of injuries (date-stamped, multiple incidents)
  • Court records (orders of protection, divorce)
  • Affidavits from family, friends, witnesses, neighbors
  • Counselor or therapist records
  • Diary entries
  • Letters/messages where abuser admits or threatens

3. File Form I-360

• Form I-360 with VAWA option marked
• Free (NO fee)
• Mailed to Vermont Service Center (designated for VAWA)

4. Confidentiality

• USCIS does NOT contact the abuser
• All correspondence to address you specify (often P.O. Box)
• Information in your file is confidential
• ICE will NOT use VAWA case info to enforce immigration laws

5. Adjudication

• Receive Notice of Prima Facie Determination (~30 days) — provides interim protection
• USCIS processes claim (12-24 months)
• If approved: Notice of Approval + EAD eligibility

6. Adjustment to LPR

• After approval, file Form I-485 for green card
• Free or nominal fee for VAWA-related cases
• Eligible IMMEDIATELY if abuser is USC; 2-7 years backlog if abuser is LPR

Benefits during pendency

• Employment Authorization Document (EAD)
• Protection from deportation
• Access to federal/state benefits in some cases
• Confidentiality from abuser

Common errors

• Filing before consulting an attorney — small errors can be fatal
• Disclosing case to abuser or anyone connected
• Not collecting enough specific evidence of abuse
• Returning to abuser mid-process (does NOT automatically disqualify but weakens case)
• Mixing claims (don’t claim VAWA + asylum + U-visa unless strategic — can confuse decision)

What if abuser denies abuse?

• USCIS gives more weight to your credible testimony than abuser’s denial
• Police/medical records are powerful
• Witness affidavits crucial

Resources

• USCIS VAWA: uscis.gov/humanitarian/abused-spouses-children-and-parents
• National Domestic Violence Hotline: 1-800-799-SAFE (1-800-799-7233)
• Tahirih Justice Center: tahirih.org
• National Organization for Women (NOW) Legal Defense

Last verified: 2026-05-25.

← See all paths to legal status

Related procedural information

• Consulate of your country in the US — passport renewal, consular ID, document apostille
• ITIN — file federal taxes without SSN — required regardless of immigration status
• USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
• Find an immigration attorney — pro bono lists + AILA + BIA-recognized
• Know Your Rights — ICE encounters — constitutional protections

General procedural information based on official sources. Not personalized legal advice.