VAWA Self-Petition
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At ZubaidaLaw, we help battered spouses, children, and parents of U.S. citizens or lawful permanent residents file a VAWA (Violence Against Women Act) Self-Petition – allowing you to apply for a green card without your abuser’s knowledge or cooperation. VAWA recognizes that abusers often use immigration status as a weapon to control their victims. Under VAWA, you can self-petition using Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with a VAWA designation. If approved, you receive deferred action (protection from deportation), work authorization, and eventually a green card. Your abuser will not be notified that you filed. This applies to both women and men – VAWA is gender-neutral.
Who Can Self-Petition Under VAWA?
You qualify if:
Spouse of a U.S. citizen or LPR who subjected you to battery or extreme cruelty (physical, emotional, psychological, financial, or sexual abuse)
Child (under 21 or any age if unmarried) of a U.S. citizen or LPR parent who abused you
Parent of a U.S. citizen (21+) who abused you (you must have resided with the citizen child)
You must have good moral character and have resided with the abuser at some point (exceptions for certain child cases).
Key Forms & Process
The process requires filing Form I-360 (mark “VAWA self-petitioner” in Part 2) along with: (1) proof of your relationship to the abuser (marriage certificate, birth certificate), (2) proof of the abuser’s status (U.S. citizen or LPR – naturalization certificate, green card copy, or we can request USCIS to verify), (3) evidence of battery or extreme cruelty (police reports, protection orders, medical records, psychological evaluations, affidavits from friends/family, your detailed personal statement), (4) proof you resided with the abuser, and (5) proof of good moral character. You must also file Form I-765 (work authorization) and later Form I-485 (green card) once the I-360 is approved. There is no fee for the I-360 under VAWA. USCIS has a VAWA Unit that handles these cases confidentially.
What We Handle at ZubaidaLaw
Our legal advocates provide trauma-informed, confidential representation: evaluating whether your abuse qualifies as battery or extreme cruelty, gathering compelling evidence (including psychological evaluations and witness affidavits), drafting your detailed personal declaration, notarizing all affidavits, filing Form I-360 with a privacy waiver request (so USCIS does not contact your abuser), and obtaining work authorization (I-765) . Once the I-360 is approved, we file Form I-485 for your green card. We also handle derivative children (your children under 21 who are also victims) and VAWA cancellation of removal if you are in deportation proceedings.
Call us at 865-382-2900 for a confidential consultation – you are not alone, and the law is on your side.
It's a way for battered spouses, children, and parents of U.S. citizens or lawful permanent residents to apply for a green card without their abuser's knowledge or cooperation. It was created by the Violence Against Women Act (gender-neutral).
No. VAWA is gender-neutral. Men and women, and parents of any gender, can file a VAWA self-petition.
Physical abuse: Hitting, punching, kicking, choking, slapping, pushing
Emotional/psychological abuse: Constant criticism, humiliation, isolation, threats, intimidation
Financial abuse: Controlling all money, refusing to pay for basic needs, stealing your wages
Sexual abuse: Rape, forced sexual acts, reproductive coercion (forcing pregnancy or abortion)
Coercive control: Withholding immigration documents, threatening deportation, controlling who you see
No. The abuse can occur anywhere in the world, as long as the abuser is a U.S. citizen or LPR and you are physically present in the U.S. when filing (exceptions for certain overseas cases).
No. USCIS has a strict confidentiality policy for VAWA cases. The VAWA Unit will not contact your abuser or send any notice to your home address if you request alternative service (we help you file Form G-28 for attorney address).
Yes. You can file Form I-765 (Application for Employment Authorization) with your I-360. USCIS grants work permits to VAWA self-petitioners while the case is pending (usually within 6–9 months).
| Feature | VAWA | U Visa |
|---|---|---|
| Abuser must be | USC or LPR family member | Any person (not necessarily family) |
| Law enforcement certification | No | Yes (Supplement B) |
| Work permit wait | 6–9 months | Waitlist + months |
| Green card wait | After I-360 approval | 3 years in U status |
You can still file a VAWA self-petition. In fact, VAWA provides a form of relief called VAWA cancellation of removal (Form EOIR-42B) that can stop your deportation. We represent you in Immigration Court.
Yes. Your unmarried children under 21 who have also been battered or are at risk of abuse can be included as derivatives on your I-360. They receive work permits and green cards with you.
Yes. We provide full notarization services for your detailed personal declaration, witness affidavits (friends, family, counselors, doctors), psychological evaluations, and all supporting documents. We maintain strict confidentiality and trauma-informed practices throughout.
