The Violence Against Women Act (VAWA) allows victims of domestic abuse by U.S. citizen or lawful permanent resident spouses, parents, or children to self-petition for immigration status without the abuser's knowledge or consent. Despite the name, VAWA protections are available to victims of all genders.
Key Takeaway
VAWA self-petitioners can file independently — the abusive spouse/parent never knows. Approved petitioners receive work authorization, deferred action, and a path to a green card. There is no annual cap or quota for VAWA petitions.
What Is VAWA Immigration Relief?
The Violence Against Women Act (VAWA) allows certain abused spouses, children, and parents of U.S. citizens and lawful permanent residents to self-petition for immigration relief without the abuser's knowledge or cooperation. Despite its name, VAWA protections are available to victims of all genders — men, women, and children can all file VAWA self-petitions.
VAWA was created to prevent abusive U.S. citizens and permanent residents from using immigration status as a tool of control. Before VAWA, abused spouses were entirely dependent on their abuser to file or maintain immigration petitions.
Who Can File a VAWA Self-Petition?
You may file a VAWA self-petition (Form I-360) if you are the spouse of an abusive U.S. citizen or permanent resident (including former spouses if divorced within 2 years of filing and the abuse was a central reason for the divorce), the child (under 21, unmarried) of an abusive U.S. citizen or permanent resident parent, the parent of an abusive U.S. citizen son or daughter (the child must be at least 21). You must have resided with the abuser in the United States at some point, the marriage or family relationship must be or have been legally valid, and you must demonstrate good moral character.
What Counts as "Abuse"?
VAWA covers battery (physical violence) and extreme cruelty. Extreme cruelty includes psychological and emotional abuse, verbal abuse, threats of violence or deportation, isolation from friends and family, economic abuse (controlling finances, preventing employment), sexual abuse, destruction of property, and threatening to withdraw immigration support. You do not need police reports, criminal convictions, or a protective order to file — USCIS accepts a credible personal declaration plus supporting evidence.
How to File
File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with the USCIS Vermont Service Center. Include your personal declaration describing the abuse in detail, evidence of the qualifying relationship (marriage certificate, birth certificate), evidence of the abuser's U.S. citizenship or LPR status, evidence of abuse (any available — police reports, medical records, photos, court records, counselor letters, affidavits from witnesses), evidence of good moral character, and proof of residence with the abuser in the United States. There is no filing fee for VAWA self-petitions.
Confidentiality Protections
VAWA petitions are strictly confidential. USCIS cannot disclose any information about your petition to the abuser. The abuser is never notified that you filed. USCIS cannot contact the abuser for information. If the abuser contacts USCIS about your case, USCIS will not share any details. These protections are enforced by law under 8 U.S.C. § 1367.
Prima Facie Determination and Deferred Action
After filing, USCIS reviews your petition for a prima facie determination (initial finding that the petition appears valid). If granted, you receive a prima facie notice and may be eligible for certain public benefits. USCIS also exercises deferred action during the pendency of your case, meaning you are protected from removal while your petition is pending.
Work Authorization
Once your I-360 is approved (or in some cases upon prima facie determination), you can file for an Employment Authorization Document (EAD). VAWA-based EADs are processed as a priority category.
After VAWA Approval: Path to Green Card
After I-360 approval, you can file I-485 adjustment of status to obtain a green card. VAWA self-petitioners are exempt from the public charge rule and from certain grounds of inadmissibility. You are also exempt from the joint filing requirement for I-751 removal of conditions — you can file alone. VAWA applicants are not subject to the annual cap on cancellation of removal.
VAWA and U Visa: Key Differences
VAWA requires a qualifying relationship with a U.S. citizen or LPR abuser. The U visa does not require a family relationship — it is for victims of qualifying crimes who cooperate with law enforcement. You may be eligible for both. VAWA has no annual cap; U visas are limited to 10,000 per year. Consult an attorney to determine which pathway is stronger for your situation.
Safety first: If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. You do not need immigration status to access domestic violence services, shelter, or legal help.
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→ U Visa (Crime Victims) → T Visa (Trafficking Victims) → Adjustment of Status (I-485)Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.