The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
 
The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.

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 heath care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.

Those Eligible to File

• Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
• Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
• Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a Spouse

• You are:
  • married to a U.S. citizen or permanent resident abuser

  or

  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You:
  • have been abused in the United States by your U.S. citizen or permanent resident spouse, or
  • have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
  • are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.

• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character.

Eligibility Requirements for a Child

• You:
  • are the child of a U.S. citizen or permanent resident abuser
  • were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence
  • have been abused in the United States by your U.S. citizen or permanent resident parent
  • have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
  • have resided with the abusive parent
  • have evidence to prove your relationship to your parent
  • must provide evidence of good moral character if you are over the age of 14

Eligibility Requirements for a Parent

• You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
• You have been abused by your U.S. citizen son or daughter
• You have resided with the abusive son or daughter
• You are a person of good moral character

Filing Process

• You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation
• You must file the form with the Vermont Service Center (VSC)
• If you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence
• If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant  is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States

Working in the United States

If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. 

Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, visit our Working in the U.S. page.

Permanent Residence (Green Card)

If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card. For information about filing for a green card, see the Immigration Options for Victims of Crimes Brochure.

Questions and Answers: Battered Spouses, Children and Parents Under the Violence Against Women Act (VAWA)

 

Q. What if my Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is denied?
A. If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C.

Q. Can A Man File A Petition For Himself Under The Violence Against Women Act?
A. Yes, VAWA applies equally to victims of either sex.

Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:

•  You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
• Your abusive spouse died within 2 years of filing the petition.
• Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
• Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. 

The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision.

Q. Can A Divorced Spouse Seek Relief By Filing A Form I-360?
A. Yes. Effective October 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

Q. What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?
A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.

Q. Can Anyone Else Assist Me?
A. If you need additional advice, you may contact the USCIS field office nearest your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see the “Find a USCIS Office” link to the right for more information on contacting USCIS offices. In addition, see the “finding legal advice” link to the right for information on free or low cost legal advice.

You should also know that help is available to you through 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 self-petitioning for immigration status.