VAWA: Self-Petitions and Court Relief for Abuse Survivors

What VAWA protects

Most family-based green cards depend on the U.S.-citizen or permanent-resident relative: that relative files the petition and can withdraw it. An abuser can use that power to keep a spouse or child silent. VAWA removes the abuser from the process. The survivor files for themselves, and the law treats them as a “VAWA self-petitioner” (INA § 101(a)(51), 8 U.S.C. § 1101(a)(51)).

That label carries protections far beyond the petition itself:

• a path to permanent residence even for many people who entered without inspection (INA § 245(a), (c));
• exemption from the public charge ground and its affidavit of support (INA § 212(a)(4)(C)(i), (E));
• special waivers of several grounds of inadmissibility;
• confidentiality: the government may not rely on information that comes only from the abuser, and may not disclose the case (8 U.S.C. § 1367);
• in immigration court, a separate form of cancellation of removal and a way around the usual deadline for reopening an old removal order.

VAWA is one of several protections for survivors of crime. The U visa covers victims of qualifying crimes who help law enforcement — the abuser does not need to be a citizen or resident, but a certification from the authorities is required. The T visa covers trafficking survivors. VAWA needs no police involvement at all, but it does require a family relationship with a citizen or permanent-resident abuser.

Who can self-petition

The categories are written into INA § 204(a)(1)(A) and (B), 8 U.S.C. § 1154(a)(1). The abuser must be a U.S. citizen or lawful permanent resident (or have been one recently, as explained below).

Abused spouses

A spouse of a U.S. citizen (§ 204(a)(1)(A)(iii)) or of a permanent resident (§ 204(a)(1)(B)(ii)) may self-petition if the marriage was entered into in good faith and, during the marriage, the spouse or the spouse's child was battered or subjected to extreme cruelty by the abuser. The spouse's children under 21 can be included as derivatives. A spouse who was not abused can still qualify when the abuser targeted their child.

The marriage does not have to be ongoing. The statute also covers:

• a person who divorced the abuser within the past 2 years, if the divorce is connected to the abuse;
• a person whose U.S.-citizen spouse died within the past 2 years (this prong exists only for citizen abusers);
• a person whose spouse lost or renounced citizenship, or lost permanent residence, within the past 2 years because of an incident of domestic violence;
• an intended spouse — someone who went through a marriage ceremony in good faith and whose marriage is invalid only because the abuser was already married (bigamy).

Once the petition is filed, the abuser's death, divorce, loss of status or naturalization does not undo it (§ 204(a)(1)(A)(vi), (B)(v)). Divorce alone is not a basis to revoke an approved petition, and neither is remarrying after approval (§ 204(h)).

Abused children

An unmarried child under 21 who was battered or subjected to extreme cruelty by a U.S.-citizen or permanent-resident parent, and who lives or has lived with that parent, may self-petition (§ 204(a)(1)(A)(iv), (B)(iii); 8 C.F.R. § 204.2(e)). For citizen parents, periods of visitation count as residence. A person who was abused as a child but did not file before 21 may still file before age 25 if the abuse was at least one central reason for the delay (§ 204(a)(1)(D)(v)). A child whose petition was filed before 21 keeps its priority date after turning 21; no new petition is needed.

Abused parents

A parent battered or subjected to extreme cruelty by a U.S.-citizen son or daughter who is 21 or older may self-petition if they live or have lived with that son or daughter (§ 204(a)(1)(A)(vii); USCIS, Abused Spouses, Children and Parents). There is no parent category for abuse by a permanent-resident son or daughter. More on parents in the section on men and parents below.

Filing from abroad

A spouse or child living outside the United States can file only if the abuser is a U.S. government employee or a member of the uniformed services, or subjected them to abuse in the United States (§ 204(a)(1)(A)(v), (B)(iv)).

Battery, extreme cruelty and the other requirements

The regulation defines battery or extreme cruelty to include “any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury”; psychological or sexual abuse or exploitation counts as violence, and other abusive acts that are part of an overall pattern of violence can qualify (8 C.F.R. § 204.2(c)(1)(vi)). There does not need to be a physical injury. Since December 22, 2025, the Policy Manual adds that “hurtful conduct alone, or adverse interactions of limited severity,” is not enough: the conduct must reflect an intention to gain or maintain power and control over the survivor (USCIS Policy Manual, Vol. 3, Part D, Ch. 2). Isolation, threats about immigration status, control of money or documents and threats to children are examples of the kinds of facts that show such a pattern.

Besides the abuse, a self-petitioner must show:

• The qualifying relationship — the marriage, parent-child or parent-son/daughter relationship and the abuser's citizenship or residence.
• Shared residence. The self-petitioner must have lived with the abuser. Under the December 2025 policy, USCIS requires that this residence took place during the qualifying relationship — a change from its earlier policy, which accepted residence with the abuser at any time in the past (Policy Alert PA-2025-33). The self-petitioner does not have to live with the abuser when filing.
• Good faith marriage (spouses) — the marriage was real, not entered into for immigration benefits. USCIS now asks for a legally valid marriage certificate along with evidence of the relationship.
• Good moral character. The statute has no fixed period, but USCIS generally looks at the 3 years before filing and asks for police clearances from each place the person lived for 6 months or more in that time (8 C.F.R. § 204.2(c)(2)(v)). An act or conviction that would otherwise bar good moral character does not do so if it is waivable and was connected to the abuse (INA § 204(a)(1)(C)).

The statute once required “extreme hardship” if the survivor were removed and that the survivor still be married and living in the United States when filing. Congress removed those requirements in 2000; the 1996 regulation still prints them, and USCIS acknowledges that some of its provisions “may no longer apply” (Policy Manual, Vol. 3, Part D, Ch. 1).

Filing Form I-360: evidence, fee and confidentiality

The self-petition is Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (edition 01/20/25). The USCIS fee schedule, Form G-1055 (edition 09/09/26) lists the fee for a VAWA self-petitioner as $0 — and also $0 for the related Form I-485 green card application, the work permit forms and most waivers when filed by a VAWA self-petitioner. VAWA petitions are mailed to the USCIS lockbox listed for the filer's state on the VAWA, T and U filing-locations page; the address is marked for special confidential handling. USCIS may call the petitioner for an interview at the local field office, and missing it can lead to denial.

“Any credible evidence”

USCIS must consider “any credible evidence relevant to the petition” (INA § 204(a)(1)(J)). No particular document is required, and a petition may not be denied only because a particular piece of evidence is missing (Policy Manual, Vol. 3, Part D, Ch. 5). A police report or protective order helps but is not mandatory. Evidence commonly includes:

• the self-petitioner's own detailed declaration, which is the primary evidence of good moral character and often the core of the abuse claim;
• the abuser's birth certificate, naturalization certificate or green card (or other evidence of status when the survivor cannot get those documents);
• marriage certificate and proof of the life shared together — leases, joint accounts, photographs, children's birth certificates;
• records of the abuse: medical, counseling or shelter records; statements from friends, clergy or social workers; messages; police reports and court orders if they exist;
• police clearances and, where relevant, court records for any arrest.

Confidentiality under 8 U.S.C. § 1367

Federal law protects VAWA survivors in two ways (8 U.S.C. § 1367(a)). First, DHS, the Justice Department and the State Department may not make an adverse finding of inadmissibility or deportability using information supplied only by the abuser or the abuser's family members — for example, an anonymous tip from the abuser claiming that the marriage was fraudulent (this protection does not apply to a person convicted of a crime listed in INA § 237(a)(2)). Second, officials may not use or disclose any information about the petition except for narrow purposes. USCIS does not notify the abuser that the petition was filed. The disclosure ban ends if the application is finally denied after all appeals, and USCIS's December 2025 guidance says the protections end at naturalization (PA-2025-34).

When ICE starts removal proceedings through an enforcement action at a domestic violence shelter, a rape crisis center or victim services provider, or at a courthouse in connection with a protection order, custody or domestic violence case, the Notice to Appear must state that § 1367 was complied with (INA § 239(e), 8 U.S.C. § 1229(e)). The statute requires that statement; it does not forbid arrests in those places.

The prima facie notice, work permit and deferred action

When a spouse or child files a complete I-360 with evidence supporting every element, USCIS issues a Notice of Prima Facie Case (8 C.F.R. § 204.2(c)(6), (e)(6)). It is not a decision on the merits and gives no immigration status. Its main use is outside immigration law: it makes the survivor a “qualified alien” for certain public benefits. The notice is initially valid for 1 year and is renewed for 180 days at a time until the case is decided. Parents receive a prima facie notice but are not “qualified aliens” under the benefits statute, and there is no prima facie determination for petitions filed from abroad (Policy Manual, Vol. 3, Part D, Ch. 5).

There is no work permit while the I-360 alone is pending. Unlike the U and T visas, VAWA has no bona fide determination stage. The statute makes an approved self-petitioner eligible for work authorization (INA § 204(a)(1)(K)); USCIS issues that permit in category (c)(31) if the petitioner asked for it on the I-360, or on a separate Form I-765. Before approval, the practical route to a work permit is a pending green card application: a self-petitioner who can file Form I-485 together with the I-360 (see the next section) can request a work permit in category (c)(9) based on the pending I-485. All three are $0 for VAWA self-petitioners under G-1055.

USCIS may also grant deferred action to an approved self-petitioner. Since Policy Alert PA-2026-01 (May 8, 2026), USCIS treats deferred action as a case-by-case exercise of discretion: approved VAWA self-petitioners and their derivatives “may be considered” for it, and USCIS generally will not consider it for a person in removal proceedings (Policy Manual, Vol. 1, Part I).

From an approved I-360 to a green card

An approved I-360 is an immigrant petition; permanent residence is a second step. For the details of adjustment see our adjustment of status hub. What is special for VAWA:

• Abuser was a U.S. citizen: the survivor is an immediate relative, a visa is always available, and Form I-485 can be filed together with the I-360 or while it is pending (USCIS).
• Abuser was a permanent resident: the survivor is in the family second-preference category (F2A for spouses and minor children) and can file the I-485 only when the priority date is current in the State Department's Visa Bulletin. If the permanent-resident abuser later naturalizes, the petition is automatically converted to the immediate-relative category (§ 204(a)(1)(B)(v)(II)).
• Entry without inspection: INA § 245(a) lets a person with an approved VAWA self-petition adjust even if they were not inspected and admitted or paroled, and the bars in § 245(c) — unauthorized work, a lapse in status, a visa-waiver entry — do not apply (8 U.S.C. § 1255(a), (c)).
• Inadmissibility waivers. VAWA self-petitioners are exempt from the public charge ground and the affidavit of support. The entry-without-inspection ground in § 212(a)(6)(A)(i) does not apply if there is a substantial connection between the abuse and the unlawful entry — all three parts of that exception must be proved (Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)). VAWA self-petitioners also have their own versions of the criminal waiver (§ 212(h)(1)(C)), the fraud waiver (§ 212(i), hardship to the survivor counts) and a discretionary waiver of the permanent bar in § 212(a)(9)(C) when the abuse is connected to the departure or reentry (8 U.S.C. § 1182). The waivers themselves are explained in our inadmissibility hub.
• Conditional residents: a person who already holds a 2-year green card through marriage and was abused does not need VAWA to remove the conditions: they can ask USCIS to waive the joint filing of Form I-751 on the ground of battery or extreme cruelty (INA § 216(c)(4)(C), 8 U.S.C. § 1186a(c)(4)(C)). See our conditional residence hub.

VAWA in immigration court

For a survivor who is already in removal proceedings, VAWA offers three things: a separate kind of cancellation of removal the immigration judge decides, a self-petition that USCIS decides while the court case waits, and an exception to the time limit for reopening an old removal order.

VAWA cancellation of removal — INA § 240A(b)(2)

An immigration judge may cancel removal and grant a green card to a person who shows (8 U.S.C. § 1229b(b)(2)):

1. they were battered or subjected to extreme cruelty by a spouse or parent who is or was a U.S. citizen or permanent resident (or by an intended spouse in a bigamous marriage), or they are the parent of a child abused by a citizen or resident parent;
2. 3 years of continuous physical presence immediately before applying — and, unlike ordinary cancellation, the Notice to Appear does not stop that clock; absences connected to the abuse do not break it;
3. good moral character during those 3 years;
4. they are not inadmissible under the criminal or security grounds, not deportable for marriage fraud or on criminal, document-fraud or security grounds (the domestic-violence waiver in § 237(a)(7) can help), and have no aggravated felony conviction;
5. removal would cause extreme hardship to the applicant, the applicant's child or the applicant's parent.

Compared with cancellation for non-permanent residents under § 240A(b)(1), the presence period is 3 years instead of 10, the hardship standard is “extreme” instead of “exceptional and extremely unusual,” and hardship to the applicant counts. There is no 2-year limit on how long ago the abuser held status. The Board has held that a permanent resident may apply under § 240A(b)(2) (Matter of A-M-, 25 I&N Dec. 66 (BIA 2009)), that the abuser must have been a lawful spouse and a citizen or resident at the time of the abuse (Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)), that a § 212(h) waiver cannot overcome the criminal-inadmissibility bar (Matter of Y-N-P-, 26 I&N Dec. 10 (BIA 2012)), and that good moral character is measured back from the final decision because the application is a continuing one (Matter of M-L-M-A-, 26 I&N Dec. 360 (BIA 2014)). Divorce, remarriage and an earlier self-petition are discretionary factors, not bars.

VAWA cancellation is requested on Form EOIR-42B. Grants count against the 4,000-per-year cap on cancellation for non-permanent residents (§ 240A(e); 8 C.F.R. § 1240.21(c)). For filings on or after October 1, 2026 the EOIR-42B fee is $1,690 plus $30 per person for biometrics — $100 of it EOIR's own fee and $1,590 the fee added by the 2025 reconciliation act (91 FR 54211 (Aug. 21, 2026); EOIR forms). From February 1 to September 30, 2026 it was $1,640 (91 FR 2561 (Jan. 21, 2026)). Unlike the USCIS forms, there is no VAWA exemption from this fee; an immigration judge may waive it in discretion. Children and parents of a person granted VAWA cancellation can be paroled into the United States while they apply for their own green cards (§ 240A(b)(4)). The general rules on cancellation are in our cancellation of removal hub.

A self-petition while the court case is open

The immigration judge cannot decide an I-360; USCIS can, even while the survivor is in court. What happens to the court case in the meantime is up to the judge's tools, which have narrowed. A continuance requires “good cause,” judged mainly by how likely the USCIS relief is and whether it will change the outcome (Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018)); a speculative claim of new relief generally does not justify delaying a merits hearing (Matter of J-A-F-S-, 29 I&N Dec. 195 (BIA 2025)). A filed, well-documented I-360 — and an approved one even more — is the kind of evidence that matters. With an approved I-360, the green card application of a person in proceedings is decided by the immigration judge, who has jurisdiction over adjustment once a case is in court (8 C.F.R. § 1245.2(a)(1)).

Administrative closure has become much harder: on February 27, 2026 the Board refused closure over DHS's objection for relief that is not available in the reasonably near future (Matter of Ibarra-Vega, 29 I&N Dec. 476 (BIA 2026)), and on June 22, 2026 a federal court vacated EOIR's 2024 rule on administrative closure and termination (Texas v. U.S. Department of Justice, No. 7:26-cv-00070 (N.D. Tex.)), although the eCFR still prints 8 C.F.R. § 1003.18(c)–(d).

The VAWA exception for motions to reopen — INA § 240(c)(7)(C)(iv)

A person with a final removal order may usually file only one motion to reopen, within 90 days (see our motions to reopen hub). A survivor gets a separate path. The deadline does not apply, and the motion does not count against the one-motion limit, if (8 U.S.C. § 1229a(c)(7)(A), (C)(iv)):

1. the motion is based on a VAWA self-petition as an abused spouse or child, or on cancellation under § 240A(b);
2. it includes the cancellation application or a copy of the self-petition that has been or will be filed;
3. it is filed within 1 year of the final removal order — a limit the Attorney General may waive for extraordinary circumstances or extreme hardship to the person's child; and
4. the person is physically present in the United States when filing.

The Board has called these “four strict requirements” (Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026)). Filing stays removal only for a person who is a “qualified alien” under the benefits statute — broadly, one whose self-petition or cancellation application has been approved or shows a prima facie case — until the motion and any appeals are decided (EOIR Policy Manual 4.7; 7.2). Anyone else should ask for a stay separately; see our stay of removal hub. The motion carries EOIR's motion-to-reopen fee; the fee added by the 2025 reconciliation act has no VAWA exception. Separately, battery or extreme cruelty to the person or their child or parent is one of the “exceptional circumstances” that can excuse missing a hearing and reopen an in absentia order (EOIR Policy Manual 4.9).

For the immigration-court side of a VAWA case, such as cancellation of removal or a motion to reopen, see our U visa & VAWA lawyer page. Our U visa and VAWA document checklist lists the papers to gather.

VAWA for men and for abused parents

Men qualify on the same terms as women. Every provision cited in this guide is written in gender-neutral terms — “the alien,” “the spouse,” “his or her spouse” — and USCIS's own pages describe VAWA for “spouses, children and parents” without distinction. A husband abused by a U.S.-citizen or permanent-resident wife, a man abused by a husband, and a son abused by a citizen or resident parent all use the same form and meet the same requirements. Abuse of men is often psychological and controlling rather than physical; the definition of extreme cruelty covers that.

Parents of a U.S. citizen who is 21 or older can self-petition if the son or daughter battered them or subjected them to extreme cruelty and they lived together (§ 204(a)(1)(A)(vii)). The parent category is in the statute only; the 1996 regulation has no section for it. It also covers a parent whose citizen son or daughter died, or lost or renounced citizenship because of domestic violence, within the past 2 years. Parents differ from spouses and children in three practical ways: there is no category for abuse by a permanent-resident son or daughter; a parent's prima facie notice does not make the parent a “qualified alien” for public benefits; and the VAWA motion-to-reopen exception lists the spouse and child self-petitions and cancellation, not the parent self-petition. A parent who is the victim of a qualifying crime may also look at the U visa.

What changed in 2025–2026

• January 21, 2025 — ICE interim guidance allows civil immigration arrests at or near courthouses, while telling officers generally to avoid family courts and other non-criminal courts without supervisor approval (ICE).
• February 28, 2025 — USCIS memo PM-602-0187 makes issuing a Notice to Appear the general rule when a benefit request is denied and the person is not lawfully present; it tells officers to comply with § 1367 (PM-602-0187). A denied I-360 can therefore lead to removal proceedings.
• December 22, 2025 — USCIS rewrote Policy Manual Vol. 3 Part D for VAWA self-petitioners (PA-2025-33): shared residence must fall during the qualifying relationship, good faith marriage requires a valid marriage certificate, “extreme cruelty” requires a pattern of power and control, and the new policy applies to pending petitions. The same day, PA-2025-34 updated the § 1367 confidentiality guidance.
• February 1, 2026 — the EOIR-42B fee became $1,640 ($100 plus $1,540 under the reconciliation act).
• May 8, 2026 — PA-2026-01 made deferred action a case-by-case exercise of discretion; approved VAWA self-petitioners may still be considered.
• June 5, 2026 — DHS proposed tightening (c)(14) work permits for people with deferred action, with no VAWA exception (91 FR 34352). It is not final; the (c)(31) permit for approved self-petitioners is not affected by it.
• June 22, 2026 — Texas v. DOJ vacated EOIR's 2024 administrative closure and termination rule.
• August 18, 2026 — Matter of M-M-L-J-: one motion to reopen, subject only to the “limited statutory exception” for battered spouses, children and parents; no equitable tolling of the number limit.
• September 9, 2026 — the current USCIS fee schedule keeps the VAWA I-360, I-485 and work permit forms at $0.
• October 1, 2026 — the EOIR-42B fee rose to $1,690 ($100 plus $1,590).

For a plain-language overview of the self-petition, see our article VAWA Self-Petition: Immigration Protection for Abuse Survivors. Survivors in danger can reach the National Domestic Violence Hotline at 800-799-7233 (TTY 800-787-3224). A person in court may have other defenses at the same time — asylum, cancellation, adjustment; our removal defense hub explains how a case in court is built, and our immigration courts directory lists every court.

Carlos Maury, a former U.S. Immigration Judge, leads Carlos Maury Law; to talk about a VAWA self-petition or VAWA relief in immigration court, call (213) 769-0050. We speak Spanish.