If you have been abused by a U.S. citizen or lawful permanent resident family member, VAWA allows you to self-petition for a green card without their knowledge or consent. The process begins with a confidential petition filed with USCIS. This page covers the self-petition process. However, applying for the green card itself is a separate, later step once a visa is available.
Do I Qualify?
Qualifying Relationship And Residence
The abuser must be a U.S. citizen or lawful permanent resident, and you must have lived together.
Battery Or Extreme Cruelty
You must have been subjected to abuse, including physical, emotional, psychological, or financial cruelty.
Good Moral Character
You must generally demonstrate good moral character.
Documents to Gather
Self-Petition (Form I-360) Documents
Proof Of The Qualifying Relationship
Marriage certificate, birth certificate, or other documentation establishing your relationship to the abuser.
Proof Of The Abuser's Status
Evidence of the abuser's U.S. citizenship or lawful permanent resident status.
Evidence Of Joint Residence
Leases, mail, utility bills, or other documentation showing you lived with the abuser.
Evidence Of Abuse
Personal statements, witness affidavits, or any credible evidence documenting the abuse. Police reports and medical records are helpful but not required.
Adjustment Of Status (Form I-485) Documents
Identity And Civil Documents
Government-issued identification, your birth certificate, and two passport-style photographs
Copy Of Your I-360 Approval Or Receipt Notice
Unless filing Form I-485 together with Form I-360.
Certified Police And Court Records
If you have any criminal charges, arrests, or convictions.
Additional Documents May Be Required
Legal name change documents, certified English translations, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Self-Petition (Form I-360)
Attorney Fees
Government Fees and Miscellaneous Costs
Adjustment of Status / Green Card (Form I-485)
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
Because these cases are personal and evidence-driven, the process generally begins with an initial consultation.
File Form I-360 With USCIS
Form I-360 is filed with USCIS to establish your VAWA self-petition. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
USCIS Review and Decision
USCIS reviews your petition and supporting evidence, and may issue a Request for Evidence if additional documentation is needed. If approved, you are classified as either an immediate relative or under a family-based preference category, depending on the abuser's status.
Apply For A Green Card
If your abuser is or was a U.S. citizen, a visa is always available, and Form I-485 may be filed at any time. If your abuser is a lawful permanent resident, you may need to wait for a visa number to become available.
Decision And Lawful Permanent Residence
USCIS issues a decision after reviewing your application. If approved, lawful permanent resident status is granted and a permanent resident card (green card) is issued.
Complex Case Factors
Grounds Of Inadmissibility
Certain grounds, such as criminal or immigration violations, may still apply and could require a waiver.
Immigration Court Proceedings
Cases already in removal proceedings involve additional court filings and are outside our scope.
RFE or Interview
Some VAWA cases are selected for an interview or receive a Request for Evidence, which can extend processing time and require additional documentation.
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