This complete guide for your VAWA self-petition walks you through the VAWA process from start to finish, explaining everything you need to know when applying. If you have been suffering problems with your marriage and are not able to get help from your US citizen spouse or child, then a VAWA self-petition could help you get a work permit, green card, and the ability to travel, all without leaving the country. Watch the video to discover who qualifies, how long approval takes, what constitutes abuse, the type of evidence you need, documents to submit, what to expect during the interview, and what to do after your application is approved or denied.

Video Transcript

Who qualifies

According to USCIS, you are eligible to file a VAWA case and get a green card if you are the victim of battery or extreme cruelty committed by a US citizen spouse, former spouse, parent, or child, OR by a Lawful Permanent Resident spouse, former spouse, or parent.

It doesn’t matter if you are a man or woman, because both can apply!

How long for approval

Your VAWA case could be approved within 2 years, at which point you get legal status, the ability to work, a legal ID, and freedom to travel.

You can even adjust status if you entered the country illegally or if you fell out of lawful status, and you can legalize your children without filing separate VAWA applications!

What constitutes battery or extreme cruelty

In order to do so, you just need to provide sufficient proof that you experienced battery or extreme cruelty. 

What exactly does that mean?

USCIS will consider VAWA cases involving emotional abuse, controlling behaviors, threats to harm or deport you, forcible detention, unwanted sexual contact, and other forms of toxic behavior.

What evidence/proof is necessary

Proof of battery or extreme cruelty can come in the form of police reports, court documents, psychologist evaluations, hospital records, and written witness statements from friends and family.

You also need to provide proof your marriage was legitimate and the abuser was a US Citizen or Legal Permanent Resident, which can be more challenging to do.

If you can get copies of a spouse’s US passport, green card, US birth certificate, or certificate of naturalization, that can make the VAWA application process much easier.

We help victims such as yourself put together the strongest case possible when applying for VAWA, so if you have been in an abusive situation please give us a call to set up a confidential consultation.

Forms and docs

Once you’re ready, submit form I-360—called the “Petition For Special Immigrant”—along with form I-485 Adjustment of Status to USCIS. 

You must send all supporting documents with your VAWA application, including:

• A declaration affirming your eligibility, which should describe your relationship as well as the abuse you’ve experienced
• Proof that your relationship is to a US Citizen or Green Card holder
• Evidence of the abuse, including the proof we just discussed
• Your criminal record or a lack of a criminal record, which you can get from any local police station after you’ve lived there for six months
• Proof of where you currently live
• And an address where USCIS can send future communications (Note that if you’re living with your abuser then you will want to use another address or PO Box where you can safely receive mail about your VAWA case.)

Form I-485 also requires additional forms and supporting documentation, including:

• A copy of your birth certificate and a government-issued ID that includes a photograph
• Two passport-style photos
• Form I-693 detailing your medical examination
• A copy of your criminal record
• And form I-212 if you were previously deported.

You can file your I-360 and I-485 together or separately. If you file them separately then you must file your I-360 first. 

In addition, if you plan on temporarily traveling abroad while your adjustment of status is pending then you should also include form I-131—the “Application For a Travel Document”

Note that if you leave the country without filing this form, USCIS will assume you are abandoning your VAWA petition.

Applying when married or divorced

You can file all these forms whether you are married or divorced.

Note that if you’re not still married, your marriage needs to have ended within 2 years prior to filing your VAWA case, and there needs to be a connection between your divorce and the abuse.

Filing from outside the country

You can also file from outside the country if the abuser was a member of the US government, if they were a member of the US uniformed services, or if you were subjected to battery or extreme cruelty while living inside the US.

The Interview

Assuming that you submit everything properly and proved your VAWA case to be valid, USCIS will then issue you a prima facie determination within about 3-5 months after you’ve filed. Note that this is not an official approval, it’s simply acknowledging that USCIS will continue to investigate your case further. 

Once you’ve received this letter the only remaining step is to show up for your interview after your I-360 is approved. 

Rest assured that you should not be asked any questions about the abuse you suffered during the interview. The questions will be focused on your I-485, and are designed to determine your eligibility for permanent residence.

Examples include biographical information like your date of birth, your parents’ names, and your last date of entry to the United States.

You might also be asked whether you’re working, what other places you’ve lived, and what previous employers you’ve had.

What happens if it’s denied

If your VAWA case gets denied, you will receive a denial letter explaining how to file an appeal. 

You can then file your Notice of Appeal along with the required fee at the USCIS Vermont Service Center within 33 days of receiving the denial.

What happens if it’s approved

If your VAWA case is approved and the abuser is a US Citizen, your adjustment of status will be issued at the same time.

If your case is approved and the abuser is a green card holder, you will need to wait until a visa becomes available in order to apply for your green card. 

And your priority date will be the date your I-360 was approved.

Fortunately, you will be able to remain lawfully in the US and can apply for work authorization while you wait for your visa.

Click here to learn more about qualifying for VAWA as the SPOUSE of a U.S. citizen

Click here to learn more about qualifying for VAWA as the PARENT of a U.S. citizen

Want to work with Moumita and her team on your case? Schedule your personalized case evaluation HERE!