The VAWA (Violence Against Women Act) self-petition allows certain survivors of domestic violence to file an immigration petition on their own, without the abuser's involvement and without the abuser's knowledge. The mechanism is set out in INA § 204(a)(1) and is available to certain abused spouses and children of U.S. citizens and permanent residents, as well as to parents of U.S. citizens aged 21 or older. The filing is Form I-360; despite the law's name, the mechanism does not depend on gender — it is available to men and to people in same-sex marriages.
Status as of July 22, 2026. On December 22, 2025, USCIS issued two policy updates applicable to petitions filed or pending on or after that date. The first (PA-2025-33) removed from the guidance the statement that the agency does not deny a petition solely for failure to submit particular good-moral-character evidence, emphasized that the burden of proof rests on the petitioner, and codified the requirement of shared residence with the abuser during the qualifying relationship. The "any credible evidence" standard is preserved: demonstrating the unavailability of primary or secondary evidence is still not required. The second (PA-2025-34) changed how the 8 U.S.C. § 1367 confidentiality protections are applied, including the treatment of criminal convictions and the handling of information from prohibited sources.
Who can file
The statute describes three groups: spouses of a U.S. citizen or permanent resident; their children; and parents of a U.S. citizen who has turned 21. The basis is battery or extreme cruelty: physical violence or extreme cruelty, which can include psychological and economic coercion. Spouses must show a good-faith marriage (not entered into for immigration benefit) and shared residence with the abuser during the qualifying relationship. The marriage does not have to exist at the time of filing: the statute allows filing within two years after the marriage ends, if the petitioner shows a connection between the legal termination of the marriage and the battery or extreme cruelty, and likewise where the citizen spouse died within the same period. Good moral character is also required; under INA § 204(a)(1)(C), certain circumstances connected to the abuse itself can be excused.
Confidentiality: what the law establishes and what it does not promise
8 U.S.C. § 1367 sets strict limits: agencies are prohibited from disclosing information about a petition to unauthorized persons and from making adverse determinations of admissibility or deportability based on information supplied solely by the abuser, the abuser's relatives, or persons acting in the abuser's interest. The abuser is not notified of a filed petition. The limits have statutory exceptions (law enforcement and judicial purposes, national security interests), and § 1367 protection, under USCIS's current interpretation, ends with naturalization. The December 2025 update describes the conditions under which the agency considers it possible to rely on information from prohibited sources and introduces consideration of convictions under INA § 237(a)(2) in determining whether the protection applies. For correspondence, USCIS provides for designating a safe address — living at it is not required.
What an approved petition gives
An approved I-360 does not by itself confer status — it confirms the classification. The next step is Form I-485 for adjustment of status, if a visa is available: for immediate relatives of U.S. citizens it always is; for the permanent resident categories, the visa bulletin queue applies. VAWA self-petitioners are exempt from the public charge test by statute — more on the grounds of inadmissibility in the pillar on bars and waivers. After the self-petition is approved, work authorization in category (c)(31) may be available; with a pending I-485, authorization is issued on a separate basis — how EADs work is covered in the pillar on work authorization. Other humanitarian lines for crime survivors are gathered in the pillar on humanitarian protection, and the overall process of obtaining status in the pillar on the green card. A separate branch is VAWA cancellation of removal for those already in removal proceedings: it is decided by an immigration judge under different rules.
Will the abuser find out about the petition?
By law, agencies do not notify the abuser and do not disclose petition information to unauthorized persons; violations carry penalties for officials. These are strict limits with statutory exceptions (law enforcement, judicial, national security) — not an absolute ban. A separate rule prohibits adverse determinations based on information received only from the abuser or persons connected to the abuser.
Can a person file after a divorce?
Yes, in certain circumstances: the statute allows filing within two years after the marriage ends if a connection is shown between the end of the marriage and the abuse. The same two-year window applies if the U.S. citizen spouse died. Separate rules and deadlines also exist for cases where the abuser lost citizenship or permanent resident status in connection with domestic violence; applicability depends on the reason the marriage ended or the abuser's status changed.
Is a police report required?
No: going to law enforcement is not among the statute's requirements, and the "any credible evidence" standard allows relying on different kinds of proof, including the survivor's own statement. At the same time, the December 2025 policy update emphasized that the burden of proof rests on the petitioner, and the weight of each piece of evidence is for the officer to determine: statements without details and specifics may carry less weight against the rest of the record.
Will the abuser be harmed by the petition?
Filing an I-360 is not itself a criminal charge and does not automatically end the abuser's citizenship or immigration status. It is an independent immigration process that does not require the abuser's participation; the criminal-law side of domestic violence is a matter for other procedures unconnected to the I-360.