VAWA immigration screener

If you are in immediate danger, call 911. For confidential support, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233 (TTY: 1-800-787-3224) or text START to 88788. VAWA petitions are filed separately from the abuser and USCIS keeps them confidential. The abuser is never notified that a petition was filed. See our full disclaimer.

VAWA self-petition eligibility screener

Your VAWA eligibility result

Get a free, completely confidential VAWA case review

VAWA cases are handled with strict confidentiality by both USCIS and immigration attorneys. An attorney can help you understand your options and file your petition without the abuser ever knowing.

National Domestic Violence Hotline: 1-800-799-7233 (24/7, free, confidential)

What is a VAWA self-petition and who can use it?

The Violence Against Women Act created a special immigration petition, form I-360, that allows survivors of abuse to petition for immigration status on their own, without the abuser's knowledge, signature, or cooperation. The name is gender-neutral in practice: men, women, and non-binary individuals can all file. USCIS treats VAWA petitions with strict confidentiality, and the abuser is never notified that a petition was filed, even if you are living with them.

If abuse happened in the context of a different relationship, or if criminal victimization was the harm rather than domestic abuse by a family member, the U visa may be a more appropriate pathway and is worth checking alongside VAWA.

Who qualifies as an abuser under VAWA

The abuser must be a US citizen or lawful permanent resident, and the qualifying relationship is specific: spouse or former spouse, parent, or, in some circumstances, a son or daughter who is a US citizen and who abused the petitioner as a parent. Battery or extreme cruelty by a qualifying US citizen or LPR spouse during the marriage is the most common basis, but the petition can also be filed after a divorce if the abuse occurred during the marriage and the petition is filed within 2 years of the divorce being finalized.

Good faith marriage requirement

For spouse-based VAWA petitions, the marriage must have been entered into in good faith, meaning not solely for immigration benefits. USCIS evaluates this the same way it does in other family-based immigration cases, looking at evidence like shared finances, joint residence, and genuine marital relationship. The fact that the marriage later became abusive doesn't negate a good faith finding if the relationship was genuine at its start.

What happens after a VAWA petition is approved

An approved VAWA petition on its own doesn't immediately result in a green card. For immediate relatives of US citizens, it can lead directly to adjustment of status through form I-485. For petitioners who are relatives of green card holders, the approved petition establishes a priority date in a preference category, similar to other family-based cases. Some VAWA petitioners may also be eligible for cancellation of removal under a special provision with different requirements than standard non-LPR cancellation.

Frequently asked questions about VAWA immigration petitions

No. USCIS is prohibited by law from disclosing information about a VAWA petition to anyone, including the abuser, even if that person is themselves a US citizen and would normally be involved in immigration petitions. The law specifically protects petitioners from this disclosure to prevent retaliation. An attorney can take steps to ensure communications about the case are directed only to you and not to any shared address.

The VAWA self-petition specifically requires the abuser to be a US citizen or lawful permanent resident. If your abuser doesn't have that status, a VAWA self-petition isn't available in the same form, though you may still have other options, including the U visa for crime victims, asylum if you fear persecution, or other humanitarian relief. An attorney can help identify which pathway fits your situation.

Yes, in many cases. A divorce doesn't automatically end eligibility, as long as the petition is filed within 2 years of the divorce becoming final and the abuse occurred during the marriage. If the divorce was obtained by the abuser to prevent you from getting immigration status, that 2-year window may also have exceptions. An attorney can confirm the exact timing based on your specific facts.

USCIS applies a broad standard that includes not just physical violence but emotional abuse, threats, isolation, controlling behavior, and psychological abuse. Evidence can include personal declarations, police reports, medical records, protective orders, letters from counselors or shelters, photos, and statements from witnesses who know the relationship. No single type of evidence is required, and your own detailed personal statement is an important and legitimate part of the record.

Yes. Unmarried children under 21 can generally be included as derivatives on a VAWA self-petition filed by a parent. Children who were themselves abused by a qualifying US citizen or LPR can also file their own separate VAWA petition in some circumstances. An attorney can evaluate which approach fits your family's specific situation.