USCIS Guidance on VAWA Self-Petitions: What Survivors Need to Know

Who can file (Form I-360).

USCIS allows certain survivors to “self-petition” without the abuser’s help if the abuser is a U.S. citizen or lawful permanent resident (LPR) spouse (including former spouse if the marriage ended within 2 years), parent (for abused children), or adult U.S. citizen son/daughter (for abused parents). VAWA is gender-neutral and covers all genders.

Core eligibility elements.

1. Qualifying relationship to the abuser and proof of the abuser’s USC/LPR status (or credible evidence if unavailable).
2. Battery or extreme cruelty—this can include physical, sexual, psychological, financial abuse, coercive control, or immigration-related threats.
3. Good-faith marriage (spouse cases).
4. Residence with the abuser at any time (any country).
5. Good Moral Character for the statutory period (typically 3 years); conduct caused by abuse may be excused in USCIS’s discretion.

Evidence & standard.

VAWA uses a “any credible evidence” standard. Police reports or convictions are not required. You may submit detailed affidavits, medical/therapy notes, photos, texts/emails, orders of protection, school or clergy letters, and witness statements that show the relationship, abuse, residence, and timeline.

Confidentiality protections (8 U.S.C. §1367).

USCIS must safeguard survivor information and does not notify the abuser. Use a safe mailing address (friend, attorney, or P.O. box) and consider a separate email/phone.

After I-360 approval.

• Many self-petitioners qualify to adjust status (Form I-485) as immediate relatives when a visa is available.
• VAWA self-petitioners generally file Form I-864W (Affidavit of Support exemption).
• USCIS may grant deferred action and work authorization (EAD, category (c)(31)).
• Some inadmissibility issues can be addressed with waivers (e.g., §212(i) for misrepresentation, §212(h) for certain crimes), especially where abuse contributed.

Children and derivatives.

VAWA spouses can include derivative children; abused children may file on their own, and certain age-out protections can apply.

Practical tips.
Create a safety plan first. Keep a chronology of events, preserve digital evidence, obtain certified translations, and update addresses (AR-11). If you moved or missed deadlines due to abuse, explain the causal link in your declaration. An experienced, trauma-informed attorney can organize a decision-ready file and protect your privacy throughout the process.