What is a VAWA self-petition?
Immigrants married to US citizens or permanent residents who subject them to domestic violence may petition for permanent residence on their own, without the involvement of the abusive US citizen or permanent resident spouse. These petitions are known as VAWA petitions, after the Violence Against Women Act, which introduced these applications. Instead of submitting an I-130 relative petition along with the abuser, the battered immigrant spouse submits an I-360 self-petition along with supporting evidence. If the I-360 is approved, the battered spouse will become eligible to file an I-485 application for adjustment of status to permanent resident. Self-petitioners married to lawful permanent residents will have to wait until there is a visa number for them (just like in family preference cases). Self-petitioners married to US citizens will be immediately eligible to file an I-485 application for adjustment of status to permanent resident.
There were a series of laws passed in 1994, 2000, and 2005 that are collectively referred to as “VAWA.” VAWA stands for Violence against Women Act, but the laws include the spouses (male or female) and children of U.S. citizens and lawful permanent residents. VAWA allows the victims of domestic violence who are married to U.S. citizens or permanent residents or who are the children of U.S. citizens or lawful permanent residents to petition for permanent residence on their own, without the involvement of the abusive U.S. citizen or permanent resident spouse or parent. The VAWA petition is filed on Form I-360, which is available at http://www.uscis.gov/ (click on “Immigration Forms”). Instead of submitting an I-130 relative petition along with the abuser, the battered immigrant spouse or child submits an I-360 self-petition along with supporting evidence. If the I-360 is approved, the battered spouse will become eligible to file an application for the green card (as long as they are othe
