U.S. Family-Abuse Survivor Green Card
At a glance
If a U.S. citizen or permanent resident family member has abused you, you may be able to apply for immigration protection without their help or cooperation. This is called a VAWA self-petition, under the Violence Against Women Act. People of any gender can qualify if they meet the relationship and other requirements.
- Family relationship
- An abused spouse or child of a U.S. citizen or permanent resident, or a parent abused by a U.S. citizen child aged 21+; some former-family cases qualify
- Evidence
- Relationship and status records, abuse and shared-residence evidence, and good character where required; spouses must show a genuine marriage
- Limits
- Filing or approval does not automatically create lawful permanent residence.
Summary
VAWA self-petitioning is a confidential family-based protection route for certain people abused by a U.S. citizen or lawful permanent resident spouse, parent, or adult child. It can support a later green card path when the other requirements line up.
Special confidentiality rules protect these applications. Use a safe mailing address and take care with online accounts an abusive person may be able to access.
-
Find experienced support safely Use a safe device, mailing address, and account access.
-
Prove the qualifying family connection Document the relationship and the abusive relative's citizenship or permanent residence.
-
Gather evidence and apply independently Safely collect relationship, shared-home, abuse, and other required records.
The abusive relative does not need to apply or cooperate. People of any gender can qualify.
Eligibility
Potential categories include:
- A spouse or former spouse of an abusive U.S. citizen or permanent resident;
- A child of an abusive U.S. citizen or permanent resident; or
- A parent abused by a U.S. citizen son or daughter who is at least 21.
The person must prove the qualifying relationship and the abuser's status, battery or extreme cruelty, shared residence, and good moral character where required. A spouse must also show a good-faith marriage rather than a marriage entered only for immigration benefits.
Some former-spouse, divorce, death, or loss-of-status cases can still qualify under special two-year rules, but the reason and timing matter. Some children may remain eligible under special legal protections after passing the usual age limit.
What This Route Allows
An approved Form I-360 establishes the self-petition classification. USCIS may grant deferred action, which is temporary protection from removal, and an approved self-petitioner may qualify for employment authorization under the applicable category.
The green-card step depends on visa availability, immigration entry requirements, how the person entered the country, and the special VAWA rules for applying inside the United States. Immediate relatives of U.S. citizens are not subject to a preference-category wait; relatives of permanent residents may need to wait for a visa number.
What This Route Is Not
Filing or approval does not automatically create lawful permanent residence. VAWA does not require a police report, protection order, or criminal prosecution, but the case still needs credible evidence. Ordinary relationship conflict, without battery or extreme cruelty as immigration law uses those terms, is not enough.
Never alert or contact an abuser merely to obtain documents. USCIS may accept other credible evidence where primary evidence is unsafe or unavailable.
Next Steps
- Contact a VAWA-experienced lawyer, representative accredited by the U.S. Department of Justice, or domestic-violence organization from a safe device.
- Set a safe mailing address and review digital-account security.
- Safely gather evidence of identity, the family relationship, the abuser's citizenship or immigration status, living together, the abuse, any genuine marriage, and good character.
- Review entry history, prior filings, criminal history, and whether any legal exception is needed or there are issues with applying for a green card inside the U.S..
- Use USCIS's dedicated VAWA filing and address instructions; do not send the filing to a standard USCIS application processing address without checking.
Stay up to date on this pathway
Get an email when something important changes.