Immigrant Ally

Through VAWA (Violence Against Women Act)

Wait required

Quick Summary

  • Who: Victim of battery or extreme cruelty by a U.S. citizen or LPR spouse, Victim of battery or extreme cruelty by a U.S. citizen parent, Victim of battery or extreme cruelty by a U.S. citizen or LPR child (parent petitioning)
  • Wait time: Wait required (~12–36 months)
  • Total estimated time: 12–36 months

Description

VAWA (Violence Against Women Act) allows people who have been abused by a U.S. citizen or green card holder spouse, parent, or child to apply for a green card WITHOUT the abuser's help or knowledge. You file your own petition confidentially. USCIS keeps your application private and the abuser is never notified. This path exists because many abusers use the threat of immigration status as a way to control their victims — VAWA takes that power away.

Who Qualifies

Who Can Apply

  • •Abused spouse of a U.S. citizen or lawful permanent resident
  • •Abused child (under 21 and unmarried) of a U.S. citizen or LPR
  • •Abused parent of a U.S. citizen (if the U.S. citizen is 21 or older)
  • •The abuse must be battery (physical violence) or extreme cruelty (emotional, psychological, sexual abuse)
  • •You must have lived with the abuser at some point
  • •You must be a person of good moral character

Timeline

Total estimated time: 12–36 months

1

I-360 VAWA self-petition processing

~12–24 months

2

Deferred Action while pending (automatic protection)

3

I-485 adjustment or consular processing

~additional 8–18 months after I-360 approval months

Step-by-Step Process

1

File Form I-360 (VAWA Self-Petition) — NO FEE

Applicant

File Form I-360 at the Vermont Service Center (regardless of where you live). This is FREE for VAWA self-petitioners. Do NOT send to a local USCIS office. Address for VAWA I-360: Vermont Service Center 38 River Road Essex Junction, VT 05479

Form I-3600
2

Receive Prima Facie Notice or Request for Evidence

USCIS

Within a few months, USCIS may issue a "prima facie" notice confirming your case appears eligible. This notice can be used to access certain public benefits in some states. USCIS may also send a Request for Evidence (RFE) asking for more information.

3

USCIS approves I-360

USCIS

USCIS reviews your case. If approved, your I-360 is approved and you can move to the next step. If your case involves a U.S. citizen abuser, you may be able to file I-485 concurrently. If the abuser is an LPR, you must wait for a visa number (there is an annual cap of approximately 10,000 visas for VAWA cases sponsored by LPRs).

4a

File I-485 (if inside the United States and visa available)

Applicant

File I-485 to adjust to permanent resident. VAWA petitioners may use Form I-864W (exemption from Affidavit of Support) instead of the standard I-864 — you do not need the abuser to support you. File I-765 for work authorization and I-131 for travel at no extra charge.

$1,440
4b

Consular processing (if outside the United States)

Applicant

If you are outside the U.S., NVC will send instructions after I-360 approval. You will attend a consular interview at the U.S. embassy in your country.

5

Attend biometrics and interview

Applicant

Attend your biometrics appointment. An interview may or may not be required (VAWA interviews are sometimes waived). If an interview is scheduled, bring all original documents.

6

Receive green card

USCIS

Green card mailed within 2–4 weeks of approval.

Application Checklist

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Letter Templates

Tips to Speed Up and Prevent Denial

🔵 Quality

  • You do NOT need a police report to win a VAWA case. Many victims never called the police, and USCIS understands why. A detailed personal statement, combined with any other evidence you have (medical records, photos, statements from friends, church letters, records from a shelter), can be enough. File even if you think you do not have enough proof — an immigration lawyer can help you identify and gather supporting evidence.
  • VAWA cases can be complex. Free help is available from: • National Domestic Violence Hotline: 1-800-799-7233 • Your local domestic violence shelter or advocacy organization • Immigration legal aid organizations (search immigrationadvocates.org) • Law school immigration clinics An advocate who specializes in VAWA cases can review your application for free and help you present the strongest possible case.

🟢 Speed

  • File as early as possible. While your I-360 is pending, USCIS may grant you "Deferred Action" status, which protects you from deportation and may allow you to get a work permit while you wait for approval. Getting a work permit gives you financial independence from the abuser.

🔴 Avoid Denial

  • Do NOT use an address where the abuser can intercept your mail. Use a safe address — a shelter, a trusted friend's address, or a PO Box the abuser does not know about. Put this safe address on your I-360 form.