VAWA Petitions (based on abuse)

VAWA Self-Petition: Immigration Relief for Victims of Abuse

Under the Violence Against Women Act (VAWA) of 1994, certain immigrants may qualify to self-petition for lawful permanent residence (Green Card) if they have been victims of abuse or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident (LPR) family member.

This provision allows eligible individuals to file independently—without the abuser’s cooperation or knowledge—and provides protection for spouses and children in abusive family dynamics.

🔒 All VAWA petitions are confidential and not disclosed to the abuser.

Who Can File a VAWA Self-Petition?

VAWA protections apply equally to men and women, and to all legal family relationships, including:

  • Spouses (including same-sex spouses)
  • Stepchildren and adopted children
  • Parents of abused children
  • Children of abused spouses

There is no USCIS filing fee for Form I-360, the VAWA self-petition.

Eligibility Requirements

To qualify for VAWA protection, a self-petitioner must demonstrate:

  1. Qualifying Relationship
  • The abuser is a U.S. citizen or lawful permanent resident spouse or parent.
  1. Residence
  • The self-petitioner resided with the abuser at some point.
  1. Abuse or Extreme Cruelty
  • The petitioner (or their child) suffered battery or extreme cruelty during the marriage or relationship.
  1. Good Faith Marriage (for spouses)
  • The marriage was entered into in good faith, not for immigration purposes.
  1. Eligibility for Immigration Status
  • The self-petitioner qualifies as an immediate relative or preference category immigrant.
  1. Good Moral Character
  • The petitioner must demonstrate good moral character.

⚠️ Note for Child Petitioners: The abuse does not have to occur during a marriage, and the marriage itself does not have to be bona fide.

Special Circumstances and Exceptions

A battered spouse may still qualify if:

  • They believed in good faith they were legally married but were misled (e.g., bigamy).
  • The abusive spouse died within two years prior to filing.
  • The abuser lost their USC/LPR status within two years due to domestic violence.
  • The marriage ended within two years prior to filing, and the divorce was connected to the abuse.

Note: Divorce after filing does not affect the validity of the petition.
However, remarriage before the petition is approved will invalidate the petition.

Spouses and Children Living Abroad

VAWA protections extend to spouses and children residing outside the U.S., if:

  • The abusive relative is a U.S. citizen or LPR who is a U.S. government employee or member of the U.S. military, or
  • Some of the abuse occurred within the United States.

Adjustment of Status (Green Card) Under VAWA

  • Approved VAWA petitioners may apply for adjustment of status (Form I-485), even if the abusive spouse or parent loses their immigration status after the I-360 is filed.
  • Child self-petitioners remain eligible up to age 25, provided they:
  • Were eligible to file before age 21, and
  • Remain unmarried at the time of filing.

Public Charge & Affidavit of Support Exemption

  • VAWA self-petitioners are exempt from public charge inadmissibility.
  • No Form I-864 Affidavit of Support is required.

Evidence of Abuse or Extreme Cruelty

Evidence can include, but is not limited to:

  • Police reports, protection orders, court records
  • Medical records or statements from healthcare professionals
  • Statements from school officials, clergy, social workers, or counselors
  • Photographs of injuries
  • Proof of shelter stays or counseling
  • Letters or affidavits from family law attorneys, mental health professionals, or others familiar with the abuse

Even evidence of non-qualifying acts, if part of a pattern of abuse, may be relevant.

Path to U.S. Citizenship

An individual who obtained lawful permanent residence through VAWA as the abused spouse or child of a U.S. citizen may apply for naturalization after three years, rather than the usual five-year requirement.

Support Resources (Tampa Bay Area, Florida)

If you are located in the Tampa Bay area and need a professional psychological evaluation or counseling, I recommend:

Dr. Susan Wolfson, LCSW, CHt
Licensed Clinical Social Worker and Hypnotherapist

If you or someone you know may qualify for VAWA protections, please contact my office for a confidential consultation to discuss your options and next steps.

If you reside in the greater Tampa Bay area of Florida, and you need a professional psychological evaluation or counseling/ treatment, I would recommend Dr. Susan Wolfson, LCSW, CHt

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Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.

Last Revision: March 2025.