New York · est. 2013Saturday, September 5, 2026
Inside Immigration

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Forms · Humanitarian

VAWA self-petition for abused spouses, children and parents

VAWA lets a person abused by a U.S. citizen or permanent resident relative petition for themselves, without the abuser's knowledge or involvement. It breaks the dependence on an abusive petitioner that ordinary family immigration creates. The petition is confidential by statute and the abuser is never notified.

Typical time: 6.2 months national median for the I-360 across all classifications in FY 2026, then the adjustment timeline for the relevant category.Fees: $0 for the self-petition, the green card application, the work permit, and most waivers. VAWA is the most comprehensively fee-exempt route in the system.

Who it is for. Abused spouses and children of U.S. citizens and permanent residents, and abused parents of adult U.S. citizen sons and daughters. Men and women alike.

The forms, in order

6 forms
I-360I-765I-485I-601I-212I-290B
  1. 1

    Gather evidence of the relationship, the abuser's status, shared residence, good moral character, and the battery or extreme cruelty

    Who
    The self-petitioner, usually with a lawyer or advocate
    When
    Before filing
    Fee
    $0

    Evidence can be affidavits, police and medical records, photographs, or a detailed personal declaration.

  2. 2

    File Form I-360 as a self-petitioner

    I-360

    Who
    The abused spouse, child, or parent
    When
    Generally within 2 years of a divorce, the abuser's death, or the abuser's loss of status, where those apply
    Fee
    $0

    Petitions go to the Vermont Service Center, which handles all VAWA work.

  3. 3

    Receive a prima facie determination

    Who
    USCIS
    When
    Usually within a few months
    Fee
    $0

    A prima facie notice can open access to public benefits in many states while the petition is pending.

  4. 4

    Apply for a work permit and, if eligible, adjust status

    I-765I-485

    Who
    The self-petitioner
    When
    I-485 can be filed concurrently for immediate relatives of citizens; preference categories wait for a visa number
    Fee
    $0 for a VAWA-based I-485 and for the (c)(31) EAD

    VAWA self-petitioners are exempt from most fees across the process.

  5. 5

    Use the VAWA fee exemptions on any waiver you need

    I-601I-212I-290B

    Who
    The self-petitioner
    When
    As needed
    Fee
    $0 for VAWA self-petitioners on the I-601, I-601A, I-212 in some circumstances, I-824 and I-290B

Where it goes wrong

  • The two-year filing windows after divorce or the abuser's death are strict.
  • A self-petitioner married to a permanent resident falls into the F2A preference category and can wait for a visa number, unlike the spouse of a citizen.
  • 8 USC 1367 confidentiality is a legal protection, not a guarantee that an abuser will never find out through other channels.
  • Good moral character is a statutory element and past arrests need explaining.

What changed in 2025 and 2026

  • USCIS confidentiality obligations under 8 USC 1367 remain in force, but broader information sharing across DHS since 2025 has raised practical concerns among practitioners.
  • The I-360 median rose from 3.1 months in FY 2024 to 6.2 months in FY 2026.

Related processes

Sources: uscis.gov · uscis.gov · egov.uscis.gov · uscis.gov