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VAWA self-petition and permanent residence

United StatesHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Programme source

Explore pathways in United States Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

VAWA is a self-petition route to permanent residence: the person files Form I-360 without the abusive family member's knowledge or consent and, if the self-petition is approved and other eligibility requirements are met, may apply to become a lawful permanent resident (adjustment of status for those in the United States).

See recorded sources
  • Recorded source · www.uscis.gov
    You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent.
  • Recorded source · www.uscis.gov
    If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.
  • Recorded source · www.uscis.gov
    This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status as VAWA self-petitioners. This is called “adjustment of status.”

Which population, circumstances or geographic group does the mechanism cover?

It covers victims of battery or extreme cruelty committed by a U.S. citizen spouse or former spouse, a U.S. citizen parent, a U.S. citizen son or daughter, a lawful permanent resident (LPR) spouse or former spouse, or an LPR parent.

See recorded sources
  • Recorded source · www.uscis.gov
    Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by: A U.S. citizen spouse or former spouse; A U.S. citizen parent; A U.S. citizen son or daughter; A lawful permanent resident (LPR) spouse or former spouse; or An LPR parent.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

An approved Form I-360 is needed to qualify for a Green Card. A person in the United States files Form I-485 to apply for a Green Card without leaving the country; if a visa is immediately available, Form I-485 may be filed together with Form I-360, while it is pending, or after it is approved. People outside the United States use consular processing.

See recorded sources
  • Recorded source · www.uscis.gov
    If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.
  • Recorded source · www.uscis.gov
    You must have an approved Form I-360 in order to qualify for a Green Card. 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.
  • Recorded source · www.uscis.gov
    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).
  • Recorded source · www.uscis.gov
    If you are outside the United States, please see the Consular Processing page for information about how to apply for a Green Card as a VAWA self-petitioner.

What happens after the request: registration, family handling, major support and rights where officially stated?

To adjust status, the applicant must be physically present in the United States when filing Form I-485, and an immigrant visa must be immediately available at filing and when USCIS makes a final decision. While Form I-485 is pending, the applicant may generally apply for employment authorisation with Form I-765. Unmarried children under 21 of the principal may apply as derivatives, except where the principal is a self-petitioning parent of an abusive U.S. citizen son or daughter.

See recorded sources
  • Recorded source · www.uscis.gov
    You are physically present in the United States at the time you file your Form I-485;
  • Recorded source · www.uscis.gov
    An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;
  • Recorded source · www.uscis.gov
    Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
  • Recorded source · www.uscis.gov
    If you are the unmarried child under 21 years old of a VAWA-based principal applicant, you may also be eligible to apply for a Green Card as a derivative family member of an approved VAWA self-petitioner. However, you may not file as a derivative if the principal applicant is a self-petitioning parent of an abusive U.S. citizen son or daughter.

Which competent authority, UN body or official assistance channel should the person use?

The checked official sources did not provide enough route-specific evidence to confirm the competent authority or official help channel.

See recorded sources
Limits of the record
  • This detail is not established in the evidence recorded here. Confirm the applicable requirement with the responsible authority.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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