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:

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

Last verified: 2026-05-25.

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