A step-by-step guide to applying for U.S. lawful permanent residence independently, without the help of your abusive U.S. citizen or resident sponsor.
There are two main steps to applying for U.S. lawful permanent residence (a "green card") on one's own, without relying on an abusive U.S. citizen or resident spouse or parent, as allowed under the Violence Against Women Act (VAWA):
- first, fileForm I-360and supporting evidence with U.S. Citizenship and Immigration Services (USCIS), and then after it's approved,
- file an adjustment of status application requesting a U.S. green card (lawful permanent residence), usingForm I-485and supporting documents.
If you are the spouse of a U.S. citizen, you can combine these two steps into one and file the I-360 and the I-485 together, or "concurrently," without waiting for USCIS to approve the I-360 first.
If your U.S. spouse is a lawful permanent resident (a green card holder), then you are not an immediate relative, and your only choice is to file the Form I-360 first, wait for USCIS approval, wait for yourPriority Dateto become current (which could take no time at all or could take months or years), and then file the I-485 application.
This article will guide you through the first step of the application process and direct you to resources for the next steps.
If you have any questions about your eligibility for VAWA, seeGreen Card Under the Violence Against Women Act (VAWA): Who Is Eligible.
NOTE:When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help. Some victims, for instance, might use the same computer or device as the abuser, or might have a phone plan that allows the abuser to see the calls they make and receive. Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser.
Filling Out Form I-360 for VAWA Self Petition
Let's start with the task of preparingUSCIS Form I-360. The instructions below refer to the edition of the form published on07/15/22.
Form I-360 is used for several different types of applications, which means you will not need to fill out the entire form. After filling out the preliminary biographical and other information (Parts 1 through 5), skip the portions that say: "Part 6. Complete Only If Filing for an Amerasian;" "Part 7. Complete Only If Filing as a Widow/Widower," "Part 8. Complete Only If Filing for a Special Immigrant Juvenile Court Dependent;" and "Part 9. Complete Only If Filing a Special Immigrant Religious Worker Petition."
Be sure to fill out Parts 10 and Part 11, however, and to sign the application in Parts 11 and 12 (in the sections for "Petitioner" and "Authorized Signatory."
If someone helped you translate or fill out this form, they should fill out Part 13 or 14.
Use Part 15 to fill in anything that didn't fit in the earlier portions of the form.
Most of Form I-360 is pretty straightforward. However, there are a few things to consider. First, Form I-360 allows you to use another person's address in Part 1 instead of your own (Question 7, an "alternate and/or safe mailing address"), in case you are still living with an abusive person who might get angry and punish you for filing this form. This is the address to where all USCIS notices will be sent, so be sure that you can receive mail at this address in the future.
Self-petitioning spouses and children should check either box "I" or "J" in Part 2.
Part 3 asks for information about you. Enter only a valid Social Security number, if you have one. You might not have an "A number," either; it's only given to people who've filed previous immigration applications or been in deportation proceedings. If you entered the U.S. with a visa, yourI-94should be available on the Customs and Border Protection (CBP) website.
Be sure to list all children in Part 5—yours, and if you are filing as the spouse of an abuser, the abuser's children also (whether they're also yours or not).
Part 4 asks you to state whether you'd like to have your interview held at a U.S. consulate outside the United States. This is appropriate if you yourself are living abroad. However, your first choice if you're in the U.S. now would be to adjust status, meaning to submit paperwork to, and attend your interview at a USCIS office. Although not everyone is normally eligible to adjust status, owing to various bars such as for illegal entry, these bars are lifted for VAWA self-petitioners. (See the USCISPolicy ManualatChapter 8 - Inapplicability of Bars to Adjustment.)
Part 10 asks for information about the abuser and about your relationship with the abuser.
What to Include With VAWA Self-Petition on USCIS Form I-360
In addition to the form, you will need to include evidence that you meet all the requirements of VAWA. This evidence should include such items as:
- a written declaration describing your relationship, the abuse you suffered, your good moral character, and anything else relevant to proving your eligibility
- other evidence of the abuse, such as police or hospital records or court-issued protective orders
- police clearance records showing your criminal record, or lack thereof, and other evidence that you are a person of "good moral character"—you can obtain the certificates from the police department of any town you have lived in during the last three years for more than six months
- proof that the abuser is a U.S. citizen or green card holder
- proof that you are the abuser's spouse, child, or parent (marriage or birth certificate)
- proof that you lived with the abuser, and
- proof that you currently live in the United States.
For more information, seeProving Your VAWA Case: Evidence to Submit With I-360 Self-Petition.
It is also helpful to include a cover letter on top of the application describing how you meet each requirement and the evidence you have submitted to prove it.
No USCIS filing fee is required for self-petitioning abused spouses, parents, or children.
Submitting Form I-360 to USCIS
TheI-360 pageof the USCIS website contains complete submission instructions—but there's one important thing you need to figure out before you send it in. Are you the immediate relative of your abuser (the spouse, parent, or minor, unmarried child of a U.S. citizen), or do you have a currentpriority date(based on a previously filed I-130)?
If either of these are true, you can save a lot of time by filing your I-360 at the same time as your green card application (described below). That way, you don't have to wait for USCIS approval of the I-360 before moving forward with your green card application.
Otherwise—for example, if you're the spouse or child or a U.S. permanent resident who never submitted an I-130 petition on your behalf—you will need to submit your Form I-360 to USCIS, wait for its approval, and then file your green card (adjustment of status) application.
What Happens After You Submit the I-360 Self-Petition to USCIS
After USCIS receives your I-360 petition, it will send a receipt notice to the address you have provided on the form. USCIS may then review the self-petition to see whether it can be approved if everything you stated within is true. This is called a "prima facie determination."
If USCIS decides that your self-petition can be approved if it is true, it will send you a "Prima Facie Approval" letter. This does not mean you are granted anything yet. It does, however, mean that you can qualify for some types of public assistance. After sending you this Prima Facie Approval letter, USCIS will take more time to look carefully at your self-petition.
If USCIS needs more evidence to determine whether it should approve your I-360, it will send you a letter asking for it. You will have 60 days to give USCIS the new evidence or an explanation as to why you cannot do so.
If USCIS does not believe you qualify as an abused spouse, parent, or child, it might send you a "Notice of Intent to Deny." This will state the reasons why USCIS believes you do not qualify, and will give you additional time to send evidence that will change its mind. If you do not send convincing follow-up evidence, USCIS will deny the self-petition.
USCIS can also deny your I-360 without sending you a Notice of Intent to Deny.
If USCIS believes it has enough evidence showing that you are an abused spouse, parent, or child, it will send you an approval letter for your self-petition. This does not mean you are a lawful permanent resident yet, however. You have only completed the first step in the process.
After Your I-360 Receives USCIS Approval
After USCIS approves your I-360, you can begin to prepare your application to adjust your status (receive a green card). The main form for this isUSCIS Form I-485, and more detailed instructions are found inHow to File for Adjustment of Status (a Green Card) Based on VAWA.
If the abuser is a U.S. citizen, you are eligible to apply to adjust status as soon as your I-360 has been approved.
If the abuser is a permanent resident (green card holder), however, you will have to wait for a visa to become available in order to apply for your green card. However, with an approved I-360, you can remain lawfully in the U.S. and can apply for work authorization (an employment authorization document or EAD, using USCIS Form I-765) while you wait. Your place on the waiting list is based on your "priority date," which is the date that your I-360 was approved. If the abuser previously filed an I-130 petition for you, you can use that priority date instead.
SeeAdjustment of Status Proceduresfor more information on this final stage of the green card application process.
Getting Legal Help
Because the process of applying for VAWA-based permanent residence is complex, consider getting a full analysis of your situationfrom an experienced immigration attorney. The attorney can also help you prepare the paperwork and monitor your application as it makes its way through the system.
FAQs
How long does it take to process i360 VAWA? ›
When you file the I-360 form with the attached evidence, it may take between 16 to 21 months to process your VAWA petition fully. USCIS will issue a Prima Facie Determination Notice to VAWA petitioners who qualified and fulfilled requirements. When you receive such a notice, it is valid for 150 days.
What happens after Form I-360 is approved? ›After Your I-360 Receives USCIS Approval
After USCIS approves your I-360, you can begin to prepare your application to adjust your status (receive a green card). The main form for this is USCIS Form I-485, and more detailed instructions are found in How to File for Adjustment of Status (a Green Card) Based on VAWA.
Now that USCIS has approved your VAWA green card, you should wait to receive your official notice of approval or welcome by mail. After that, you will receive your actual green card by mail. The processing time can be 30–60 days after seeing “Case Approved.”
Can I-485 be approved before I-360? ›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 with your Form I-360; While your Form I-360 is pending; or.
Is there an interview for VAWA green card? ›Answer: There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the ...
How can I speed up my VAWA case? ›The VAWA application takes a while to be approved. Typically, there is not a way to speed up the process. On a case-by-case basis, USCIS may expedite a request under very limited circumstances, but the applicant would have to submit a request for expedited processing.
How long does it take for I-485 to be approved after I-360 approval? ›You can expect the total I-485 processing time to be at least 8 to 14 months. It may take four to six weeks for USCIS to accept your application and send you a confirmation receipt.
Does USCIS investigate VAWA? ›Does USCIS Investigate VAWA? Filing for a VAWA green card is a little more complicated than submitting a few forms and paying the application fee. The USCIS will investigate your claims, which is why including sufficient evidence with your petition is crucial.
Can I travel after VAWA approval? ›o No, please strongly advise against travel. Your client can be barred from applying to adjust status to that of lawful permanent resident if they have accrued unlawful presence and leave the United States. Deferred action does not permit an individual to re-enter the United States lawfully if they were to leave.
Can I travel with approved I-360? ›Yes, but remember that the notice of approval you receive from the USCIS is not valid for reentry into the United States.
What is the approval rate for VAWA case? ›
(70 % or 6,412 petitions approved and 30% or 2,712 petitions denied).
How long does it take to get a work permit after applying for VAWA? ›Form I-360 VAWA processing times vary depending on different factors, but typically, it ranges from 18 to 24 months. Under limited circumstances, USCIS can expedite your VAWA request if you have submitted a request for expedited processing based on emergency situations.
What is the priority date for I-360? ›For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Can I file I-360 and I-485 together for VAWA? ›Violence Against Women Act (VAWA) self-petitioning battered spouses and children under section 204(a) of the INA may file the Form I-360 concurrently with the Form I-485 to adjust status if the abusive spouse or parent is a U.S. citizen.
Can I file I-485 while I-360 is pending? ›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).
Can USCIS approve I 485 without interview? ›All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. The decision to waive the interview should be made on a case-by-case basis. The interview enables USCIS to verify important information about the applicant to determine eligibility for adjustment.
Does USCIS send green card without interview? ›There was a time when USCIS did not normally ask for an adjustment of status interview for employment-based green card applications. Accordingly, USCIS may find that it is more effective and efficient to approve some number of employment-based green card applications without an interview moving forward.
What happens if VAWA is denied? ›Unfortunately, “Case Was Denied” means that USCIS has received and reviewed your VAWA green card application and decided you do not qualify. You will not receive your filing fee back, and you will not receive a green card through VAWA. USCIS will mail you a notice further explaining why it denied your case.
Does VAWA status expire? ›Only grant programs need to be authorized; the rest of VAWA never “expires.”
Can I file VAWA without evidence? ›The USCIS must consider all credible evidence submitted with the petition. If primary evidence is not available, the USCIS can accept secondary evidence, such as declarations or affidavits, to satisfy elements of the claim.
Is it easy to get approved for VAWA? ›
Why is It Sometimes Difficult to Get a VAWA Self-Petition Approved? The VAWA self-petition requires a great deal of supporting documentation, but individuals in an abusive relationship can be very limited in their ability to collect information about their abusers and their situation.
How much is the fee for I 360? ›$435. However, you are exempt from paying the fee if you are: An Amerasian; (Box 1.
How long does it take to get a VAWA receipt? ›USCIS states that you will receive your notice within 10 days after accepting your application. However, due to delays, it can actually take two to three weeks to receive your notice and receipt number. Later in the VAWA application process, you may also see other “received” statuses.
Can you travel while VAWA is pending? ›While the VAWA petition is pending, you can apply for work authorization and a travel document. Once your VAWA is approved, you can proceed to obtain lawful permanent residence.
Can I work while my VAWA is pending? ›Filing the self-petition, by itself, will not allow you to work legally. Once US Citizenship and Immigration Services (USCIS) approves your VAWA self-petition, USCIS will also give you a legal work permit, which is known as an “Employment Authorization Document” or “EAD.”
How soon after VAWA can apply for citizenship? ›You need to wait to apply for U.S. citizenship until not only you have spent three years as a VAWA green card holder, but your abusive spouse or parent has been a U.S. citizen for three years as well.
What can be proof for I 360? ›Evidence to Include With Form I-360
Any police clearance records or other evidence that demonstrates you are of good moral character. A clear copy of your passport or birth certificate. Proof demonstrating you are a U.S. citizen or hold a Green Card. Proof that shows you are the abuser's spouse, child or parent.
You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.
Can I leave US while waiting for green card? ›A travel permit is a document that allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application.
Does VAWA need a sponsor? ›Do You Need a Sponsor if You're a VAWA Self-Petitioner? You do not need a sponsor if you are a VAWA self-petitioner. You may apply on your own.
What is the standard of proof for VAWA? ›
As a VAWA petitioner, you must submit documents proving that the marriage was bona fide, showing you are of good moral character, as well as that the U.S. citizen or lawful permanent resident abused you (physically and/or mentally) during the marriage.
What benefits can a VAWA applicant get? ›Immigrants (male or female) who apply for protection through the Violence Against Women Act (VAWA) are usually eligible for public benefits like welfare, food stamps, and Medicaid. However, your eligibility depends on where you are in the process of applying for VAWA protection.
How long is VAWA work permit valid for? ›USCIS will issue employment authorization for a period of 2 years.
How long does it take to get green card after i360 approved? ›From the moment you file the I-360 form, it may take between 16 to 21 months for your VAWA self-petition to be processed. The U.S. Citizenship and Immigration Services will then issue a Prima Facie Determination Notice to VAWA petitioners who qualify and fulfill all requirements.
What is the approval rate for I-360? ›VAWA self-petition by a spouse: 75% approval rate (25% denial rate)
What is i360 priority date? ›For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Can I travel with approved I 360? ›Yes, but remember that the notice of approval you receive from the USCIS is not valid for reentry into the United States.
What percentage of VAWA cases are approved? ›(70 % or 6,412 petitions approved and 30% or 2,712 petitions denied).
Can I travel if my VAWA is approved? ›o No, please strongly advise against travel. Your client can be barred from applying to adjust status to that of lawful permanent resident if they have accrued unlawful presence and leave the United States. Deferred action does not permit an individual to re-enter the United States lawfully if they were to leave.
Can I get a work permit while waiting for VAWA approval? ›If your VAWA petition is approved, you can apply for work authorization while waiting to submit Form I-485 (Green Card application). If you were eligible to file Form I-360 and I-485 concurrently, it is likely that you already filed for work authorization, by submitting Form I-765.
Does VAWA require biometrics? ›
Each person applying for any type of immigration benefit in the United States is subjected to a fingerprint requirement to get their biometrics on file.
Which green card approval is fastest? ›- The Green Card Lottery (Diversity Lottery) ...
- Family-Based Green Cards. ...
- Employment-Based Green Cards. ...
- Corporate-Based Green Cards.
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).
Does USCIS check credit score? ›USCIS will consider an applicant's credit report, credit score, debts and other liabilities as a factor in determining whether the individual is likely to become a public charge. A good credit report is considered a positive factor while a bad credit report is considered a negative factor.
Who is eligible for I-360? ›Who May File Form I-360? If you are 18 years of age or older, you may file this petition for a beneficiary (including yourself) who was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and was fathered by a U.S. citizen.
What is the purpose of I-360? ›USCIS Form I-360 is a petition many immigrants can file to apply for a green card. Form I-360 covers a multitude of immigration groups and visa types. Read on to find information about what Form I-360 is, how to file the petition, and Form I-360 filing fee and processing times.
What does new card is being produced mean on i360? ›It means that your i360 has been approved and you will get EAD category C31 after that your I485 will be transferred to your local office, all the best.