The VAWA self-petition: a confidential path to safety and status
If you have suffered abuse by a U.S. citizen or green card holder spouse, parent, or adult child, VAWA lets you petition for immigration status yourself — without the abuser's knowledge, signature, or participation. Filing is free, the law protects your confidentiality, and it applies to people of any gender.
These are our base flat fees. They cover a standard case, start to finish, quoted in writing before you commit. More complex matters — and Stokes interviews, or attorney travel outside the NYC metro area or South Florida — are quoted separately. Government filing fees are set by USCIS and the State Department and are not included. Handled confidentially.
You do not have to stay in it, and you do not have to ask your abuser for anything.
What VAWA is
The Violence Against Women Act lets certain abused family members of U.S. citizens and lawful permanent residents file Form I-360 for themselves — a "self-petition." Despite the name, VAWA protects people of any gender. Its purpose is simple and humane: no one should have to stay in an abusive home because the abuser controls their immigration papers. The petition removes that control.
Who qualifies
Spouses — current or former — of an abusive U.S. citizen or green card holder. If you are divorced, you can still file within two years of the divorce if it was connected to the abuse. Your children can be included in your petition.
Children abused by a U.S. citizen or LPR parent.
Certain parents abused by their U.S. citizen son or daughter.
"Abuse" means battery or extreme cruelty — and extreme cruelty includes patterns that never leave a bruise: threats to have you deported, taking your documents, isolation from family, economic control, degradation, intimidation. Many people who qualify don't think of themselves as abuse victims because no one was hospitalized. If someone has used your immigration status as a weapon over you, it costs nothing to ask whether you qualify.
For spousal self-petitions, you must also show the marriage was entered in good faith and that you resided with the abuser at some point, along with good moral character. If your situation doesn't fit VAWA, other doors may still be open — a conventional family petition, or the I-751 waiver if you already have a conditional card; I-751 waivers also exist for battered spouses.
What a VAWA self-petition provides
A path to a green card. An approved I-360 makes you eligible to pursue permanent residence — often through adjustment of status without leaving the U.S., with VAWA-specific flexibility that many ordinary applicants don't have.
Work authorization. VAWA opens a route to a work permit, which for many clients is the first concrete piece of independence — your own income, in your own name.
Independence from the abuser. They are not notified, their signature is never needed, and they cannot withdraw or veto your case. Filing is free: the I-360 carries no fee for VAWA self-petitioners.
Protection for your children, who can be included as derivatives on a spousal self-petition.
Confidentiality: what 8 U.S.C. § 1367 actually does
Federal law — 8 U.S.C. § 1367 — prohibits the government from disclosing anything about your VAWA case to anyone, including the abuser, and prohibits officers from making decisions against you based on information provided solely by the abuser. Employees who violate it face penalties. VAWA files are handled by a specialized USCIS unit, not your local field office. In our own practice, we add a layer of care: we agree with you in advance on safe ways to call, mail, and email, and nothing about your case is ever discussed with anyone but you.
Evidence — and why documentation matters more now
A VAWA case is built from your sworn declaration plus corroboration: police or court records and protective orders if they exist; medical and counseling records; photographs; messages; and detailed statements from people who saw what happened or saw its effects on you. You also document the good-faith marriage (the same categories as our bona fide evidence guide, adapted to what an abuse survivor can realistically obtain) and your shared residence with the abuser.
Be aware: a USCIS policy update on December 22, 2025 tightened evidence expectations in VAWA cases, with closer scrutiny of shared residence and good-faith marriage proof. Strong, well-organized documentation now matters more than ever — and thin filings invite requests for evidence and delay. Two honest reassurances go with that warning. First, the law understands that abuse victims often cannot get "normal" documents — an abuser may control every account and paper in the house — and credible, detailed declarations plus creative corroboration can carry a case. Second, this is exactly what experienced counsel is for: knowing what a specialized adjudicator needs to see and how to present a life that was deliberately kept off the record.
Edge cases, briefly
Divorced? You may still self-petition within two years of the divorce if it was connected to the abuse. Abuser lost status or the marriage ended by their death? Timing rules may still allow a petition — ask. Living abroad? Filing from outside the U.S. is possible in certain circumstances, such as where the abuser is a U.S. government employee or member of the armed forces, or where abuse occurred in the U.S. Abuser was a bigamist? A good-faith "intended marriage" can still qualify. These corners of the law are exactly where a short consultation prevents a wrong turn.
Lawful status of your own, work authorization, and a path to citizenship — without your abuser’s knowledge, signature or permission.
What to do next
You do not need to decide anything today. If it is safe, start a private record — dates, incidents, names of anyone who saw or heard — kept somewhere the abuser cannot reach, even simply emailed to an account only you control. Then talk to an attorney confidentially. We handle VAWA self-petitions in English, Russian, and Spanish; consultations are free, private, and carry no obligation, and the government filing fee is $0. Whatever you choose, the choice will finally be yours.
Common questions
Will my spouse find out I filed?
Not from the government, and not from us. Federal law (8 U.S.C. § 1367) forbids disclosing anything about your case to the abuser, and USCIS cannot act on information the abuser alone provides. Your abuser's signature, knowledge, and cooperation are never required at any stage.
Does VAWA apply to men?
Yes. Despite the statute's name, VAWA self-petitions are available to abuse survivors of any gender — husbands, wives, children, and parents alike. The legal standards are identical.
I was never hit. Does emotional and financial abuse count?
It can. The standard is battery or extreme cruelty, and extreme cruelty includes threats of deportation, confiscating documents, isolation, economic control, and sustained degradation. If your immigration status was used to control you, it is worth a confidential conversation about whether your experience qualifies.
We're already divorced. Is it too late?
Not necessarily. You can self-petition within two years of a divorce that was connected to the abuse. Past that window, other options may still exist depending on your situation — ask before assuming the door is closed.
How much does it cost?
The government fee for a VAWA I-360 is $0. If you later apply for a green card, standard fees apply at that stage (the I-485 is $1,440). Our attorney fees are flat and quoted up front — see pricing — and the initial consultation is free and confidential.
What if I don't have police reports or hospital records?
Many strong VAWA cases have neither. Your own detailed sworn declaration is the backbone, corroborated by whatever exists: counseling records, texts, photos, protective orders, and statements from friends, family, neighbors, or clergy who saw the abuse or its effects. The December 22, 2025 policy update raised documentation expectations, so building the record carefully with counsel matters — but "no police report" does not mean "no case."
A private conversation, on your terms
Tell us only what you're comfortable sharing, in the language you're comfortable in. We'll tell you honestly whether VAWA fits — and we'll contact you only in ways that are safe for you.