If a U.S. citizen or green card holder abused you, you may be able to apply for a green card on your own, without their knowledge or signature.
If you are in danger right now, call 911. National Domestic Violence Hotline: 1-800-799-7233.
The Violence Against Women Act (VAWA) lets certain survivors of abuse apply for immigration status on their own. You file Form I-360 yourself, so your immigration case no longer depends on an abusive spouse, parent, or adult child. Despite the name, VAWA protects survivors of any gender.
Federal law keeps your VAWA case confidential. USCIS cannot use information from your abuser against you, and it cannot tell your abuser that you filed.
You may be eligible if you were subjected to battery or extreme cruelty by:
In general, you also need to show:
"Extreme cruelty" doesn't have to mean physical violence. Threats, isolation, controlling money or documents, and threatening to have you deported can all count. Every situation is different, so an attorney should review yours.
Confidential consultation. We review your situation and safety and confirm whether VAWA, a U visa, or another option fits best.
Building your evidence. We help you gather proof of the relationship, the abuse, shared residence, and good moral character. Police reports help but are not required. Personal declarations, medical records, texts, photos, and letters from friends, counselors, or shelters can all be used.
Filing Form I-360. There is no USCIS filing fee for a VAWA I-360. We list a safe mailing address so notices don't go to your abuser.
Prima facie notice. If USCIS finds that your case meets the basic requirements, you may receive a notice that can help you access certain public benefits.
Approval, work permit, and green card. Once your I-360 is approved, you can apply for a work permit. Depending on your abuser's status, you may be able to file for your green card (Form I-485) at the same time as or after the I-360.
| Comparison | VAWA (I-360) | U Visa (I-918) |
|---|---|---|
| Who abused you | A U.S. citizen or green card holder family member | Anyone, if the crime qualifies |
| Police cooperation required | No | Yes, with a certification from law enforcement |
| Path to a green card | Often faster | After 3 years in U status |
| Yearly cap | No | Yes, with long waits |
Not sure which applies? Learn more about crime victim relief or the U visa (Form I-918).
USCIS is legally barred from disclosing your VAWA filing to your abuser, and we use a safe mailing address for all notices.
No. Police reports can help, but VAWA allows many kinds of evidence, including your own detailed statement.
Often, yes, if you file within two years of the divorce and the divorce was connected to the abuse.
Many VAWA self-petitioners can adjust status in the U.S. even after an unlawful entry. We'll review your specific history.
No. Men and women are equally eligible.
USCIS charges no fee for the VAWA I-360. Contact us to discuss our legal fees for your case.
Processing times change frequently. We'll check current USCIS times for your case at your consultation.
You don't have to figure this out alone. Schedule a private consultation to learn your options.
Ragheb Law, PLLC