VAWA self-petition and permanent residence

You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent.

If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.

This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status as VAWA self-petitioners. This is called “adjustment of status.”

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by: A U.S. citizen spouse or former spouse; A U.S. citizen parent; A U.S. citizen son or daughter; A lawful permanent resident (LPR) spouse or former spouse; or An LPR parent.

If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.

You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.

If a visa is immediately available, you may file your Form I-485: Together (“concurrently”) with your Form I-360; While your Form I-360 is pending; or After your Form I-360 is approved (and remains valid).

If you are outside the United States, please see the Consular Processing page for information about how to apply for a Green Card as a VAWA self-petitioner.

You are physically present in the United States at the time you file your Form I-485;

An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

If you are the unmarried child under 21 years old of a VAWA-based principal applicant, you may also be eligible to apply for a Green Card as a derivative family member of an approved VAWA self-petitioner. However, you may not file as a derivative if the principal applicant is a self-petitioning parent of an abusive U.S. citizen son or daughter.