Form I-360 Instructions
VAWA self-petition · battery or extreme cruelty · good-faith marriage · credible evidence
Source reviewed 2026-10-01The abusive spouse does not get veto power over every immigration path.
Your U.S.-Citizen or Green Card Spouse Controls the Immigration Case: VAWA Can Remove That Leverage
How VAWA self-petitioning can allow certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to pursue immigration relief without the abuser filing or cooperating.
Direct answer
Short answer
VAWA allows certain abused spouses and children of U.S. citizens or lawful permanent residents, and certain abused parents of adult U.S. citizens, to self-petition on Form I-360. USCIS instructions require a qualifying relationship and battery or extreme cruelty, and in spousal cases generally require a good-faith marriage. USCIS also applies special confidentiality and safe-address procedures to protected cases.
On this page
The point of self-petitioning is that the abuser does not file it for you
A qualifying survivor can present the relationship, abuse, residence, good moral character, and good-faith marriage evidence directly to USCIS without relying on the abusive spouse or parent to sponsor the case.
VAWA is not limited to one police-report definition of violence
The statutory and regulatory framework includes battery or extreme cruelty. Evidence can include credible relevant documentation beyond a criminal conviction or restraining order.
Protected-case confidentiality is part of the process
USCIS uses special procedures for VAWA, T, and U matters, including safe-address handling. Case information should not be routed through the alleged abuser.
Divorce or loss of the abuser’s status can create deadlines, not necessarily destroy eligibility
USCIS instructions identify certain two-year filing windows connected to divorce, death, or loss of status in qualifying circumstances. The timeline should be reviewed immediately.
Questions people actually ask
Frequently asked questions
Do I need my spouse to sign the VAWA petition?
No. A VAWA self-petition is filed by the qualifying survivor, not by the abusive relative.
Do I need a police report to qualify?
Not necessarily. USCIS applies an any-credible-evidence standard in VAWA self-petitioning, although stronger corroborating evidence can matter.
Is VAWA only for women?
No. The immigration self-petition provisions are not limited by the survivor’s gender.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
The Role of Law Enforcement and Other Certifying Officials in the T and U Visa Process
U visa · I-918 Supplement B · certification · helpfulness
Source reviewed 2026-10-01The next useful move
Old files, current rules, one clean strategy
Bring the old petition, labor certification, criminal disposition, N-400 history, police report, certification request, employment record, or asylum timeline that actually drives the question. The legal category should come from the record, not the rumor.
Important legal and service limitations
General U.S. immigration information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, approval, admission, permanent residence, relief, or any other result.