VAWA Self-Petitions - Protection for Domestic Violence Survivors

VAWA Eligible Relationships

• Spouse of U.S. citizen (including same-sex spouses)
• Former spouse of U.S. citizen (if divorced within 2 years and abuse connection exists)
• Spouse of lawful permanent resident
• Former spouse of lawful permanent resident (with timing and abuse connection)
• Child (unmarried and under 21) of U.S. citizen
• Child (unmarried and under 25) of U.S. citizen if filed before turning 21
• Parent of U.S. citizen (if citizen child is 21 or older)
• Stepchild or stepparent relationships may qualify in certain circumstances

VAWA Self-Petition Criteria

• Must be married to or have been married to a U.S. citizen or permanent resident abuser
• OR be the child or parent of a U.S. citizen abuser
• Must have been subjected to battery or extreme cruelty by the qualifying relative
• Must have lived with the abuser in the United States at some point
• Must be of good moral character
• Must show that removal would cause extreme hardship to yourself or your child
• Must be physically present in the United States

Examples of Qualifying Abuse

• Physical violence including hitting, slapping, pushing, or restraining
• Sexual abuse, assault, or forced sexual activity
• Threats of physical violence or harm
• Psychological abuse designed to control or intimidate
• Economic abuse including withholding financial resources
• Isolation from family, friends, or support systems
• Threats related to immigration status or deportation
• Controlling behavior including monitoring activities or communications
• Destruction of personal property or important documents
• Abuse of children to control the VAWA petitioner

VAWA Self-Petition Steps

VAWA Petition Documentation

• Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant
• Evidence of qualifying relationship (marriage certificate, birth certificate, etc.)
• Evidence of spouse's or parent's U.S. citizenship or permanent resident status
• Evidence of battery or extreme cruelty (any credible evidence accepted)
• Evidence of good moral character (police certificates, character references)
• Evidence of joint residence in the United States
• Personal statement detailing abuse and relationship
• Evidence of extreme hardship if removed from United States

Types of Acceptable Evidence

• Police reports and criminal records related to domestic violence
• Medical records documenting injuries or treatment for abuse-related conditions
• Photographs of injuries, destroyed property, or threatening messages
• Court records including restraining orders, divorce proceedings, or custody cases
• Witness statements from family, friends, neighbors, or service providers
• Records from domestic violence shelters or counseling services
• Employment records showing impact of abuse on work attendance
• School records for children showing impact of witnessing domestic violence
• Expert testimony from mental health professionals or domestic violence counselors

Children's Eligibility and Benefits

• Unmarried children under 21 may be included as derivatives
• Children included even if not abused themselves
• Children may remain eligible even if they age out during processing
• Step-children may qualify if step-relationship created before age 18
• Adopted children may qualify if adoption occurred before age 16
• Children receive same immigration benefits as principal applicant
• May file separate VAWA petition if they are direct victims of abuse

Employment Authorization Benefits

• May apply for employment authorization document (EAD) with approved I-360
• File Form I-765 with evidence of approved VAWA petition
• Work authorization valid for specific period, renewable
• Can apply for EAD renewal before expiration
• Employment authorization provides Social Security number eligibility
• Work authorization not dependent on abuser's cooperation or knowledge

Adjustment of Status Process

• May apply for permanent residence when priority date becomes current
• VAWA beneficiaries use family-based preference categories
• Spouses/children of citizens are immediate relatives (no waiting)
• Spouses/children of permanent residents use 2A preference category
• Parents of citizens are immediate relatives (no waiting)
• File Form I-485 Application for Adjustment of Status
• Include derivative children in adjustment application

VAWA Confidentiality Provisions

• VAWA petitions are confidential and not shared with abuser
• Abuser cannot obtain information about petition from USCIS
• Location and contact information kept confidential
• Court proceedings may be conducted confidentially
• Service providers bound by confidentiality requirements
• Information sharing limited to authorized personnel only
• Special procedures protect survivor privacy and safety