As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.
Those Eligible to File
Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Eligibility Requirements for a Spouse
Qualifying spousal relationship:
- You are married to a U.S. citizen or permanent resident abuser or
- your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
- your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
- you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
- You have been abused by your U.S. citizen or permanent resident spouse, or
- your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
- You entered into the marriage in good faith, not solely for immigration benefits.
- You have resided with your spouse.
- You are a person of good moral character.
Eligibility Requirements for a Child
Qualifying parent/child relationship:
- You are the child of a U.S. citizen or permanent resident abuser, or
- you are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
- You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.
- You have resided with your abusive parent.
- You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.
Eligibility Requirements for a Parent
Qualifying parent/son or daughter relationship:
- You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or
- you are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or
- you are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.
- You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.
- You have resided with the abusive son or daughter.
- You are a person of good moral character.
Filing Process
- You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.
- You must file the form with the Vermont Service Center (VSC).
- If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:
- the abuser is an employee of the U.S. government,
- the abuser is a member of the uniformed services, or
- you were subjected to battery or extreme cruelty in the United States.
- If you are a self-petitioning spouse or child and you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.
- If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States
Working in the United States
If you have an approved Form I-360, you are eligible to apply to work in the United States. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center.
Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, visit our Working in the U.S. page.
Permanent Residence (Green Card)
If you have an approved Form I-360, you may be eligible to file for a green card. If you are a self-petitioning spouse or child, your children listed on your approved Form I-360 may also be eligible to apply for a green card. For information about filing for a green card, see the Immigration Options for Victims of Crimes Brochure
Questions and Answers: Battered Spouses, Children and Parents Under the Violence Against Women Act (VAWA)
Q. What if my Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is denied?
A. If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C.
Q. Can A Man File A Petition For Himself Under The Violence Against Women Act?
A. Yes, VAWA applies equally to victims of either sex.
Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:
•You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
•Your abusive spouse died within 2 years of filing the petition.
•Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
•Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty.
The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision.
Q. Can A Divorced Spouse Seek Relief By Filing A Form I-360?
A. Yes. Effective October 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.
Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.
Q. What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?
A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.
Immigration Self-Petitions For Victims Of Domestic Violence
Are You A Noncitizen Spouse Who Is Or Has Been A Victim of Domestic Violence?
If you do not have a green card you may still be able to get your green card without the co-operation of your spouse by filing a Self Petition on form I-360 with the United States Citizenship and Immigration Services (USCIS)
Your alien status can be Documented OR undocumented to file this Petition.
What is a spouse?
A spouse is a husband or a wife.
What is a self petitioner?
A self petitioner is the person completing form I-360, a Self Petition asking USCIS for protection from abuse and deportation when needing to leave an abusive situation. A self petitioner can file for his or her self or for children under age 21, who are being abused.
What is abuse?
For an I-360 Self Petition, abuse is domestic violence – being beaten or physically hurt, or forced sexual actions. It also includes extreme cruelty, which can mean threats of serious harm, severe mental cruelty or similar types of actions by the abusive spouse.
Who May File?
1. An abused spouse of a United States citizen (USC) or a legal permanent resident (LPR).
2. An abused child under the age of 21 of a USC or LPR.
3. A non abused spouse of a USC or LPR whose child is abused by a USC or LPR spouse.
4. An abused parent of a USC son or daughter age 21or older.
There is NO FILING FEE for those persons listed above.
What You Will Need To Prove:
•That the abuse occurred during the marriage.
•That the self-petitioner suffered abuse while living with the abuser.
•That the abuse meets the definition of battery or extreme cruelty.
•That the abuser and self-petitioner were legally married.
•That the abuser spouse is or was a USC or LPR.
•That a self-petitioner’s marriage was a “good faith” marriage.
•That the self-petitioner resides in the United States or was subject to abuse when living in the United States.
•That the self-petitioner is a person of good moral character.
Documentation Required
If you cannot get some or all of the documents you need for your self-petition, do not get discouraged. USCIS will consider any credible evidence, such as: Sworn statements from friends; support letters from church members, employers, community members or agencies, and friends, your child’s school records, letter and cards.
RELATIONSHIP TO THE ABUSER
The petitioner must show that they are legally married to their abusers. The application must be filed before the divorce is final, unless if the marriage was terminated within the last two years in connection with domestic violence. Documentation to establish relationship to the abuser includes: – Marriage certificate of the petitioner and abuser; – Death or divorce certificates of applicant’s prior spouse(s) (if any); – Birth certificate (to establish relationship between child and petitioning parent in child abuse related self-petitions); and – Marriage certificate of parent to abuser (in child abuse related self-petitions).
IMMIGRATION STATUS OF THE ABUSER
The petitioner must prove that their spouse is a USCs or LPRs. If the petitioner’s spouse is a USC, a copy of any of the following documents may be submitted to establish the abuser’s status: – The abuser’s birth certificate; – The abuser’s Certificate of Naturalization; – The abuser’s US passport; or – Approval notice for I-130 petition filed by abuse If the petitioner’s spouse is a LPR, a copy of any of the following documents may be submitted to establish the abuser’s status: – Any INS document or letter with the abuser’s A#; – The abuser’s Alien Registration Card (Green Card); or – Approval notice for I-130 petition filed by abuser.
IMMIGRATION STATUS OF THE ABUSER
The petitioner must prove that their spouse is a USCs or LPRs. If the petitioner’s spouse is a USC, a copy of any of the following documents may be submitted to establish the abuser’s status: – The abuser’s birth certificate; – The abuser’s Certificate of Naturalization; – The abuser’s US passport; or – Approval notice for I-130 petition filed by abuse If the petitioner’s spouse is a LPR, a copy of any of the following documents may be submitted to establish the abuser’s status: – Any INS document or letter with the abuser’s A#; – The abuser’s Alien Registration Card (Green Card); or – Approval notice for I-130 petition filed by abuser.
ESTABLISH RESIDENCE WITH ABUSER
The petitioner must show that they live or lived with the abuser. Petitioners should provide ample documentation. If the petitioner and spouse lived for a short period of time, a declaration should explain why. Documents to establish residence may include: – Lease agreements; – Joint tax returns; – Children’s school records; – Correspondence addressed to both of you; – Affidavits of witnesses such as landlords, neighbors, friends, etc; and – Any other documents listing the petitioner and abuser at the same address at the same time, such as medical records.
ESTABLISH RESIDENCE WITH ABUSER
The petitioner must show that they live or lived with the abuser. Petitioners should provide ample documentation. If the petitioner and spouse lived for a short period of time, a declaration should explain why. Documents to establish residence may include: – Lease agreements; – Joint tax returns; – Children’s school records; – Correspondence addressed to both of you; – Affidavits of witnesses such as landlords, neighbors, friends, etc; and – Any other documents listing the petitioner and abuser at the same address at the same time, such as medical records.
DOCUMENTS TO ESTABLISH GOOD MORAL CHARACTER
Finally, petitioners must show that they are themselves persons of good moral character. Documents to establish good moral character may include: – The petitioner’s declaration of good moral character; – Local police (or state) clearance letters for each city the petitioner resided in for 6 months or longer during the past 3 years; and – Letters of reference from employers, teachers, ministers, etc;
DO’S AND DON’TS 1) Don’t worry if you don’t have all the documents in the checklist above. The list provides ideas on how to prove the required elements, and it is not necessary to gather every piece of evidence suggested to have your petition approved. 2) Don’t leave your common residence (the residence shared with the abuser) without having the following in your possession: – A marriage certificate; – Divorce decree, if applicable; – Medical reports establishing any injury resulting from abuse; – Reports from psychologists/counselors; – Police reports; and – Any other documentation which may be used toward proving eligibility for immigration relief under VAWA. 3) Do have all evidentiary documents in languages other than English translated and certified (signed, and attested to) by a competent translator. 4) Don’t use the petitioner’s address in requests for records, documents, or declarations. Use the advocate’s address instead to ensure that the abuser does not learn that his spouse is applying for a self-petition. 5) Do keep your documents in a safe place, and not in an unsafe place like the petitioner’s home. 6) Do keep copies of everything you send to the immigration service and any other agencies, and send documents via “certified mail, return receipt requested.” 7) Do obtain a form of photo identification (ie driver’s license, or state ID card) if you do not already have one. While petitioners can explain to agencies and organizations that they need documentation to support a VAWA petition, some agencies may require photo identification before releasing any information. One way to obtain photo ID includes having relatives obtain a passport from the petitioner’s home country. 8) Do log your efforts in seeking to obtain evidence. If petitioners can’t convince agencies and organizations to provide documentation or police departments to give clearance letters, for example, then in lieu of the documentation, the petitioner may provide a log of her efforts as credible evidence.
