Looking to apply for your green card without your abuser's help?
The Violence Against Women Act lets an abused spouse or child of a US citizen or permanent resident, or an abused parent of a US citizen son or daughter aged 21 or older, petition for a green card on their own. The petition is Form I-360, and the abuser does not need to know, agree or take part. As of October 2, 2026, USCIS charges $0 to file it. HBM Law Offices represents eligible spouses, children and parents in VAWA self-petitions.
What is a VAWA self-petition, and who can file one?
Help and support are available through the National Domestic Violence Hotline at 800-799-SAFE (7233) or TTY 800-787-3224, and you can read this page in a private browser window if that feels safer.
A petition for yourself
A VAWA self-petition is filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (edition 01/20/25). You can file it without the abuser's knowledge, consent or participation in the immigration process. VAWA applies equally to victims of either sex, so men can file.
Abused spouses
You may file if your US citizen or permanent resident spouse battered you or subjected you to extreme cruelty, or abused your child. If you believed the marriage was valid and it was invalid only because the abuser was already married to someone else, you may still file as an intended spouse.
Abused children and parents
An unmarried child of a US citizen or permanent resident may file while under 21, or after 21 but before 25 if the child can demonstrate that the abuse was the main reason for the delay. A parent may file when the abuser is a US citizen son or daughter aged 21 or older.
What you must show
You must show the family relationship, battery or extreme cruelty during the relationship, that you lived with the abuser, and your own good moral character. A self-petitioning spouse must also show the marriage was entered in good faith and not to evade immigration laws. USCIS decides by a preponderance of the evidence, meaning it is more likely than not, and the burden is on you.
What counts as abuse
The regulation says battery or extreme cruelty includes threats, forceful detention and psychological or sexual abuse, and that acts which are part of an overall pattern of violence can also count. Since December 22, 2025, USCIS guidance says hurtful conduct alone, or adverse interactions of limited severity, are not enough to show extreme cruelty. Officers look at whether the conduct was aimed at power and control.
The December 2025 changes
On December 22, 2025, USCIS rewrote its VAWA guidance and applied it immediately to pending and new cases. You must now have lived with the abuser during the relationship, though no minimum time applies and you need not live together when you file. Spouses must give a valid marriage certificate, proof that all prior marriages ended and evidence the relationship was real.
Good moral character
USCIS generally looks at the three years before filing and expects police clearances from each place you lived for six months or more in that period. Your own affidavit is primary evidence. In December 2025 USCIS removed language saying it does not deny a petition solely because certain good moral character evidence is missing.
Green card stage rules
VAWA self-petitioners are exempt from the usual bars to adjustment of status, such as the manner of entry. Every ground of inadmissibility still applies except public charge and entry without inspection, and some grounds can be waived in certain cases.
What are the steps in a VAWA self-petition?
File Form I-360 by mail
The petition and evidence go by mail to the USCIS lockbox for your state, shown on the USCIS filing locations page. If mail at home is not safe, Form I-360 lets you give a safe mailing address in Part 1, Item 7.
Receipt notice
USCIS confirms that it has the petition by sending a receipt notice. Notices go to the mailing address on the form, which can be the safe address you chose.
Prima facie review
If the filing addresses every requirement, USCIS issues a Notice of Prima Facie Case, valid for one year and renewable in 180-day periods. The notice is not an approval, a status or a work permit, though spouses and children may use it to apply for certain public benefits.
Possible request for evidence
USCIS may send a request for evidence (RFE) or a notice of intent to deny (NOID) if it needs more. It can also deny without asking first, so a complete initial filing is essential.
Possible interview
USCIS may call you to an in-person interview at your local field office, and being selected does not necessarily mean a problem was found. Missing a scheduled interview may lead to denial of both the petition and the green card application.
Decision
USCIS approves or denies the petition in writing. With an approved Form I-360 you are eligible to apply for a work permit, and selecting the appropriate box on Form I-360 means no separate application is needed for the first card.
The green card stage
An approved petition is not a status on its own. It is the basis for Form I-485, Application to Register Permanent Residence or Adjust Status, which may be filed at any time if the abuser is a US citizen, or once a visa is available if the abuser is a permanent resident, which may mean a wait.
How the abuser's status changes the green card timing
Immediate relative, no wait for a visa
Spouses, children and parents of a US citizen are immediate relatives, and visas are always available for immediate relatives. You may file Form I-485 at any time, including together with Form I-360. Parents qualify only when the abuser is a US citizen son or daughter, so parents are always in this group. If an abusive citizen spouse, son or daughter dies before you file, you have two years from the death to file.
Family preference F2A, you may need to wait for a visa
Spouses and children of a permanent resident fall in the family preference category F2A and may need to wait for a visa to become available. For October 2026, USCIS tells family preference applicants to use the Dates for Filing chart, where F2A is current for every country. The chart changes monthly, and whether a visa can be issued is checked separately. If the abuser had filed Form I-130, Petition for Alien Relative, for you, its priority date can transfer to your Form I-360. If the abuser dies before you file, a spouse or child can no longer self-petition.
What evidence does USCIS look at?
How USCIS weighs evidence
- USCIS considers any credible evidence relevant to the petition
- USCIS alone decides what is credible and how much weight it gets
- A petition may not be denied only because one particular piece of evidence is missing
- Vague evidence can still lead to an RFE, a NOID or a denial
- The standard is more likely than not, and the burden is on you
The relationship
- Evidence of your family relationship to the abuser
- Spouses: a legally valid marriage certificate
- Spouses: proof that all prior marriages ended
- Spouses: evidence that the relationship was real and entered in good faith
Evidence of Abuse
- Police incident or arrest reports and court records
- Medical records
- Records from a shelter or service provider
- Photographs
- Psychological evaluations
- Protection orders
Living together and good moral character
- Evidence that you lived with the abuser during the relationship
- Your own affidavit about your good moral character
- Police clearances for each place you lived six months or more in the three years before filing
The filing
- Form I-360, edition 01/20/25
- A safe mailing address in Part 1, Item 7, if you need one
- Unmarried children under 21 as derivatives, for abused spouses or children.
- Form I-485 as well, if the abuser is a US citizen and you file both together
What it costs, and how to check the waiting time
USCIS publishes its current processing estimates for Form I-360 VAWA cases on its processing times page. The figure changes, so this page does not list a fixed estimate. USCIS's own data shows a long queue: 272,911 VAWA self-petitions were waiting for a decision on June 30, 2026.
This page also gives no timelines for the Notice of Prima Facie Case, the work permit or the green card stage. When the green card application can be filed depends on whether the abuser is a US citizen or a permanent resident, as set out above.
The consultation is a paid 45-minute video call with Attorney Himani Bhardwaj. Consultations for VAWA cases are available in both Hindi and Spanish. Legal fees are not displayed on the website and are discussed during the consultation, as every immigration case is unique and requires detailed analysis based on its specific complexities. If you retain HBM Law Offices for your case, the consultation fee is credited toward your legal fees.
Some USCIS fees change on October 16, 2026, so we check the fee schedule again on the day of filing. On October 2, 2026, none of the VAWA fees showed an added amount, and the USCIS fee schedule, Form G-1055 (edition 10/01/26), listed these government fees:
- Form I-360, VAWA self-petition: $0 (general fee $515)
- Form I-485 for VAWA self-petitioners and their derivative family members: $0 (general fee $1,440 on paper, $1,390 online)
- Form I-765, Application for Employment Authorization, in the VAWA categories: $0
- Form I-290B, Notice of Appeal or Motion, filed by a VAWA self-petitioner before adjustment of status: $0 (general fee $800)
How is your information protected and what if USCIS says no?
USCIS says that information about you and your petition is strictly confidential and protected by law. The statute, 8 USC 1367, bars the government from disclosing information about a VAWA self-petitioner to anyone other than its own officers and employees acting for legitimate agency purposes, with listed exceptions. It also bars the government from deciding that a person is inadmissible or deportable using information supplied only by the abuser. Willful unlawful disclosure can bring a civil penalty of up to $5,000 for each violation.
These protections have limits. Since December 22, 2025, USCIS applies them more narrowly. The rule about information from the abuser does not protect a person convicted of certain crimes. USCIS also says the denial of a VAWA Form I-360 is not a finding on admissibility or deportability, which is the kind of decision that rule covers. The protections end at naturalization. Attorney Bhardwaj can explain what they cover in your situation.
If USCIS needs more evidence, an RFE allows up to 12 weeks (84 days) to respond, while a NOID allows up to 30 days, with no extensions. Under Policy Alert PA-2026-05, issued on August 5, 2026, USCIS can shorten the RFE and NOID response deadlines or deny the filing outright for lack of required initial evidence without first issuing an RFE or NOID.
A denial is issued in writing with the reasons and your appeal rights. You may file an appeal, a motion to reopen, or a motion to reconsider through Form I-290B, which has no fee for VAWA self-petitioners before adjustment of status. The denial notice will explain the basis for denial and whether you can appeal before a certain date.
An approved petition can also be revoked before the green card is granted. An appeal of a revocation is due within 15 calendar days of the notice, or 18 days if it was mailed.
VAWA is not the only route. A conditional resident with a two-year green card who was battered or subjected to extreme cruelty can request a separate waiver using Form I-751, Petition to Remove Conditions on Residence, rather than Form I-360. Alternatively, the U visa offers a different route for victims of certain crimes who help law enforcement. HBM Law Offices does not handle U visa cases. Determining which route fits your situation is a judgment an attorney makes based on the facts of your case.
- Safe mailing address: Form I-360, Part 1, Item 7
- USCIS Contact Center for a filed case: 800-375-5283 (TTY 800-767-1833)
- National Domestic Violence Hotline: 800-799-SAFE (7233), TTY 800-787-3224
Frequently asked questions
01What is VAWA in immigration?
VAWA, the Violence Against Women Act, lets an abused spouse or child of a US citizen or permanent resident, or an abused parent of a US citizen son or daughter aged 21 or older, file a petition for themselves on Form I-360. The abuser does not need to know, agree or take part. An approved petition is not an immigration status on its own. Instead, the approval is the basis for applying for a green card.
02Can a man apply for VAWA?
Yes, USCIS states VAWA applies equally to victims of any gender, so a man abused by his US citizen or permanent resident spouse can file on the same terms as a woman. Everyone must demonstrate the same requirements: the qualifying relationship, battery or extreme cruelty during the relationship, having lived with the abuser, and good moral character. Spouses must prove that the marriage was entered in good faith.
03Can a parent of a US citizen apply under VAWA?
Yes, a parent can file when the abuser is their US citizen son or daughter who is 21 or older. Because parents of U.S. citizens are immediate relatives, they can also file Form I-485 at any time. However, some rules differ for parents. A self-petitioning parent cannot include other children on their petition, whereas a self-petitioning spouse or child may include unmarried children under 21.
04Can I apply for VAWA after a divorce?
Yes, within two years of the divorce, if the divorce was connected to the abuse. USCIS allows no extension of that two-year limit. The divorce decree does not have to name abuse as the ground. A divorce after you have filed does not harm a pending or approved self-petition. Remarrying before USCIS decides leads to denial, while remarrying after approval does not affect it.
05How much does a VAWA self-petition cost?
As of October 2, 2026, USCIS charges $0 for a VAWA self-petition on Form I-360. Form I-485 is also $0 for VAWA self-petitioners and their derivatives, and so is the work permit application under the VAWA category. Schedule a consultation with Attorney Bhardwaj to discuss your case.
06Can I get a work permit through VAWA?
Yes, once Form I-360 is approved you are eligible to apply for a work permit, and checking the appropriate box on Form I-360 ensures no separate Form I-765 is needed for the first card. A Notice of Prima Facie Case is not a work permit. However, if you have a pending Form I-485, you may also apply for a work permit on that basis. The VAWA work permit categories carry no USCIS fee.
07Will my abuser find out about my VAWA petition?
No one can promise that an abuser will never learn of a petition. You can file without your abuser's knowledge, consent or participation, the law bars the government from disclosing information about your petition outside the agencies, with listed exceptions, and you can give USCIS a safe mailing address on Form I-360.
Since December 22, 2025, USCIS has applied some of these protections more narrowly; please schedule a consultation with Attorney Bhardwaj to understand the nuances of the VAWA application process before you file.
08How long does a VAWA self-petition take?
No fixed time can be given, and this page does not publish one in months. USCIS publishes its current estimate on its processing times page. USCIS's own data shows a long queue: 272,911 VAWA self-petitions were waiting for a decision on June 30, 2026. The green card stage has its own timing.
09Do I need a police report to apply for VAWA?
No. A police report is one example of abuse evidence that USCIS lists, not a requirement. USCIS considers any credible evidence, and a self-petition may not be denied only because one particular piece of evidence is missing. Other examples are medical records, shelter or service provider records, photographs, psychological evaluations and protection orders. Police clearances, which USCIS expects for good moral character, are a separate item.
Talk to Attorney Bhardwaj in confidence about a VAWA self-petition.
Schedule a 45-minute consultation over video call with Attorney Bhardwaj to have your case assessed. We are fluent in English, Hindi, and Español.
What to expect
- 1Schedule the paid consultation
Tell us your story and schedule the 45-minute consultation.
- 2Join the video call
Once the consultation is scheduled and paid for, you will receive the email containing the date and time, and the link for the video call.
- 3We start working on your case
If you decide we are a good fit, we require an initial payment to enter into an Attorney-Client relationship with you and to begin working on your case. We accept online payments by credit or debit card or by checks.
Why Choose Us?
Other Immigration Services Not Listed Here?
If you have searched “immigration lawyer near me in Iowa,” you might have come across our HBM Law Offices based in West Des Moines (IA) known for being the immigrant’s immigration lawyer in the community of Iowa. With regional touch points in Iowa, Singapore, and India, we have been representing clients nationwide and across the world since 2012.
12+ years experience in family law and immigration law.
HBM Law is one of Iowa’s few immigration law firms who are predominantly immigrants with a laser focus on family immigration. We stay ahead of all things on immigration practices in U.S. immigration law. Our immigration firm offers specialized care and attention for immigration matters that are difficult to find elsewhere in Iowa.
5-Star immigration lawyer for your immigration case success.
We guide you every step of the way with tailored legal advice and support including green card, citizenship, fiancé(e) and spouse visa applications, waiver for unlawful presence (I-601A provisional waiver), fraud, misrepresentation, VAWA, removal of conditions (I-751 waiver), vaccination waivers, naturalization medical exemptions, and more. Our consistent 5-Star track record demonstrates our commitment to achieving successful outcomes for families.
Team of immigration lawyers who are all about families.
Principal immigration attorney, Himani Bhardwaj, is an Indian national who became a naturalized U.S. citizen in 2010. The HBM law firm’s team understands the unique cultural and linguistic needs of immigrants and their families navigating the United States legal system. We are by your side to advocate for your rights ensuring your applications are handled with respect and compassion.
Although the services listed above are the common ones, we do represent clients on a case-by-case basis. Each situation is special and deserves personalized attention. We’re here to listen and to understand your story on an individual basis. We encourage you to reach out and share more about your story with us. Your story matters, and we’re eager to hear it and help in any way we can.
Tell us your story →
Schedule a confidential consultation about a VAWA self-petition when it is safe for you.
Attorney Himani Bhardwaj can review your situation and the evidence you have, and explain which route may fit. Consultations are 45-minute video calls, so you can take one from a private place.
Book a Consultation