VAWA (Violence Against Women Act) Self-Petition Guide

Who is Eligible?

You may be eligible to file a VAWA self-petition if you are a:

• Spouse of a U.S. citizen or green card holder and have experienced abuse during the marriage.
• Child of a U.S. citizen or green card holder who has been abused by the parent.
• Parent of a U.S. citizen (aged 21 or older) who has suffered abuse from their child.

Additional Eligibility Requirements:

• You must have lived with the abuser at some point.
• You must prove the relationship to the abuser.
• You must demonstrate good moral character.

How to Apply for VAWA

You must either first file your VAWA petition then apply for a green card, or you can apply for both at the same time:

1. If a visa is immediately available to you, you can file Form I-360 (VAWA self-petition) and Form I-485 (Green Card application) at the same time. This is called concurrent filing and is usually available to immediate relatives of U.S. citizens (spouses, children, and parents).
2. If a visa is not immediately available, you must first file and get Form I-360 approved. Once it’s approved and a visa is available, you can then file Form I-485 to adjust your status. This often applies to VAWA self-petitioners who were married to a lawful permanent resident (LPR). You can find out more about how to learn if a visa is available with our guide to reading the Visa Bulletin.

Below we will detail the process of first applying for VAWA and then adjusting your status to a green card.

• Prepare Form I-360
  • File Form I-360 (“Petition for Amerasian, Widow(er), or Special Immigrant”) with U.S. Citizenship and Immigration Services (USCIS).
  • No filing fee is required.
• Gather Supporting Documents
  • Evidence of the abusive relationship (police reports, medical records, restraining orders, affidavits from family, friends, or professionals).
  • Proof of your relationship to the abuser (marriage certificate, birth certificate).
  • Proof of good moral character (letters from community leaders, clean criminal record).
  • Proof of shared residence with the abuser (lease agreements, bills, or mail).
  • For children included in your petition: Birth certificates proving the parental relationship.
• Submit Your Application
  • Mail your completed Form I-360 and supporting documents to the appropriate USCIS address. For more info, learn where to file your application on this USCIS page.
• Wait for USCIS Decision
  • Processing times vary, but if your petition is approved:
    • If you are eligible, you may apply for a work permit (EAD) and eventually a green card (Form I-485).
    • If your children are included in the petition, they may also apply for a green card.
    • If you are in removal proceedings, approval of VAWA can help you seek relief from deportation.

Supporting Documents to Include When Applying for Adjustment of Status (Form I-485)

If you’re applying for adjustment of status while filing or after filing a Form I-360 as a VAWA self-petitioner, you’ll need to submit the following documents to USCIS to support your Form I-485 application:

Required Documents for the Principal Applicant

1. Form I-485 (“Application to Register Permanent Residence or Adjust Status”)
2. Copy of the Form I-797 (Approval Notice or Receipt) for your Form I-360 petition (unless you are filing Form I-360 and I-485 together).
3. Two passport-style photographs.
4. Copy of a government-issued identity document with your photograph (e.g., passport, national ID card).
5. Copy of your birth certificate (translated if not in English).
6. Form I-693 (“Report of Immigration Medical Examination and Vaccination Record”) (or a partial Form I-693 if applicable).
7. Copy of your passport page with a nonimmigrant visa (if applicable).
8. Copy of your passport page with an admission or parole stamp (issued by a U.S. immigration officer) (if applicable).
9. Copy of Form I-94 (Arrival/Departure Record) (if applicable).
   • If you were issued an electronic Form I-94 upon entry, you can print it from the CBP website.

Additional Documents (if applicable):

• Certified police and court records of criminal charges, arrests, or convictions (if applicable).
• Form I-601 (“Application for Waiver of Grounds of Inadmissibility”) (if applicable).
• Form I-212 (“Application for Permission to Reapply for Admission”) (if applicable).
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable).
  • Includes proof of compliance with or a waiver of the 2-year foreign residence requirement.
• If you hold A, G, or E nonimmigrant status:
  • Form I-508 (“Application for Waiver of Rights, Privileges, Exemptions and Immunities”).
  • Form I-566 (“Interagency Record of Request”) – only for A, G, or NATO dependent status holders.

Other Considerations:

• Form I-485 Filing Fee: The government filing fee for an I-485 application is $1440.
• Be sure to submit copies of documents, not originals, unless specifically requested by USCIS.

Adjustment of Status Eligibility for Derivative Applicants

If you are the child of a VAWA self-petitioner, you may be eligible to apply for a green card as a derivative applicant. Each derivative applicant must submit their own Form I-485, along with the required supporting documents.

To qualify for VAWA-based adjustment of status as a derivative applicant, you must meet the following criteria:

• You properly file Form I-485.
• You are physically present in the U.S. when filing Form I-485.
• An immigrant visa is available for you at the time of filing.
• You are either admissible to the U.S. for permanent residence or qualify for a waiver of inadmissibility.
• You are the unmarried child under 21 years old of the principal VAWA self-petitioner.

Visa Availability for Derivative Applicants

Visa availability depends on your parent’s immigration status and category:

• If your parent is a VAWA self-petitioner married to a U.S. citizen (or is the child of an abusive U.S. citizen), they are considered an immediate relative for visa purposes. As their derivative child, you are also classified as an immediate relative. This means:
  • If a visa is available to your parent, you may file Form I-485 at the same time as your parent.
  • You can also submit Form I-485 separately if your parent has a pending or approved green card application.
• If your parent is a VAWA self-petitioner married to a lawful permanent resident (LPR), you will have the same visa preference category and priority date as your parent. You may apply for adjustment of status when a visa is available under that category.

Protections for Derivative Applicants Who Turn 21

If you turn 21 before adjusting your status, you may still qualify for protection under the Child Status Protection Act (CSPA). The CSPA allows certain individuals to continue being classified as a “child” for immigration purposes, even after turning 21. Learn more on the Child Status Protection Act page.

If you do not qualify under the CSPA, you may still be eligible under INA 204(a)(1)(D), which allows you to adjust status in a different preference category. For example:

• If you were a derivative child of a VAWA self-petitioner who was married to an LPR, you will transition from the F2A category (child of an LPR) to the F2B category (unmarried son or daughter of an LPR) upon turning 21, as long as you remain unmarried.
• If you were included in your parent’s VAWA self-petition as a derivative child, you retain your priority date from that filing.
• If INA 204(a)(1)(D) applies to you, you can apply for a green card independently without filing a new VAWA self-petition.

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