Prima.Law

VAWA Self-Petitions (Form I-360)

VAWA lets abused spouses, children and parents of U.S. citizens or permanent residents self-petition without the abuser's knowledge. Prima.Law keeps evidence and contacts organized.

A red Danger-level Important Notice on a Prima.Law case page (anonymized example)

Who Qualifies

Abused spouses and children of U.S. citizens or LPRs, and parents abused by a U.S. citizen son or daughter age 21 or older.

What to Show

Qualifying relationship, battery or extreme cruelty, residence with the abuser, good moral character, and a good-faith marriage for spouses.

Key Forms

Form I-360 with evidence and no filing fee, then Form I-485 when a visa is immediately available. Spouses and children may include children under 21.

Confidentiality

Protections under 8 U.S.C. § 1367 apply. USCIS sends interview notices to a safe address and to any legal representative on file.

General Qualifications for a VAWA Self-Petition

The Violence Against Women Act lets certain abused spouses, children and parents of U.S. citizens, and abused spouses and children of permanent residents, file Form I-360 for themselves without the abuser's knowledge. There is no filing fee for the I-360. USCIS accepts a completed I-360 PDF upload online for VAWA self-petitioners, or it can be filed on paper.

When a visa is immediately available, the self-petitioner may file Form I-485 or proceed through consular processing. USCIS cites confidentiality protections under 8 U.S.C. § 1367 and mails interview notices to the self-petitioner's safe address and to any legal representative on file.

Clients This Case Type Helps

  • Abused spouses of U.S. citizens or permanent residents
  • Former spouses divorced within 2 years for reasons related to the abuse
  • Abused unmarried children under 21 of a citizen or LPR parent
  • Children 21 to 25 whose filing delay was mainly due to the abuse
  • Parents abused by a U.S. citizen son or daughter 21 or older
  • Children of the self-petitioner who may be included as derivatives

General Qualifications

  • Qualifying relationship as the spouse, intended spouse, former spouse or child of a U.S. citizen or LPR abuser, or the parent of a U.S. citizen abuser.
  • Subjected to battery or extreme cruelty by the U.S. citizen or permanent resident relative during the qualifying relationship.
  • Resides or has resided with the abusive U.S. citizen or permanent resident relative.
  • A person of good moral character.
  • Spouses: entered the marriage in good faith and not for the purpose of evading immigration laws.
  • Former spouses: divorce for reasons related to the abuse, or death of the U.S. citizen spouse, within the 2 years before filing.
  • Parents: abused by a U.S. citizen son or daughter who is 21 or older.

Consultation Screening Questions

  1. Is the abuser a U.S. citizen or permanent resident? What proof of their status do you have?
  2. Are you still married? If divorced or widowed, when did the marriage end and why?
  3. Did you live with the abuser? Where and when?
  4. What abuse happened? Are there police reports, protective orders, medical records or witnesses?
  5. Have you ever been arrested or convicted, including in incidents involving the abuser?
  6. Does the abuser have access to your phone, email or mail? What is a safe way to reach you?
  7. Do you have children under 21 who could be included?
  8. Has anyone filed an immigration petition for you before, or are you in removal proceedings?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in VAWA Self-Petitions

The Abuser May See the Phone or Mail

A text to a shared phone or a call to the home number can tip off the abuser, so every staff member must follow the client's safety plan.

How Prima.Law helps: An Important Notice at Danger level shows safe contact rules atop the contact and every case. Texts go from the firm's Twilio number, never a personal phone, with history saved to the contact.

Abuse Evidence Is Scattered

Protective orders, medical records, photos and affidavits arrive over months and must stay out of the abuser's reach.

How Prima.Law helps: The VAWA checklist, created and maintained by active immigration lawyers, lists relationship, abuse, residence and moral character proof. Clients upload through a portal tied to their own email.

Confidentiality Duties Are Strict

USCIS cites confidentiality protections under 8 U.S.C. § 1367, so firms must control who sees declarations and how files are shared.

How Prima.Law helps: Gmail or Outlook email is logged to the contact and case, the firm controls which files, forms and notes the client sees, and data is AES-256 encrypted and stored in the U.S.

How Prima.Law Helps With VAWA Self-Petitions

VAWA Template

A VAWA case adds Form I-360, case flow items and a checklist for relationship, abuse, residence and moral character evidence, by active immigration lawyers.

Logged Communication

Two-way texting and Gmail or Outlook email are logged to the case, so the whole team sees every message and follows the client's contact plan.

Ready for Either Route

USCIS accepts a completed I-360 PDF online for VAWA self-petitioners. Autofill completes the form, and Package Assembly builds paper filings.

Derivatives and Priority

Add derivative children for autofill and use priority date tracking, since derivatives receive the self-petitioner's priority date.

Typical Forms and Evidence

How a VAWA Self-Petition Works

From Form I-360 to a green card

01

Gather Evidence

Document the relationship, abuse, shared residence, good moral character and, for spouses, good-faith marriage.

02

File Form I-360

Self-petition with USCIS. No filing fee applies, and the abuser does not take part in the process.

03

Prima Facie Notice

If prima facie eligibility is shown, USCIS issues a Notice of Prima Facie Case, usable for certain public benefits.

04

Green Card

When a visa is available, file Form I-485 in the U.S. or proceed through consular processing via the NVC.

Related Case Types

U Visas

U nonimmigrant status for crime victims on Form I-918 and supplements

T Visas

T nonimmigrant status for trafficking survivors on Form I-914 and supplements

SIJS Petitions

Special Immigrant Juvenile petitions on Form I-360, from court order to green card

Humanitarian

All humanitarian case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles VAWA Self-Petitions cases.

Scroll to Top