Area of Practice
I-360 – Victim Of Mental Abuse (Spouse, Widow, Child, Or Elder)
I-360 (VAWA) allows certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge. This allows victims to find both safety and independence from their abuser, who is not notified about the filing. The VAWA provisions apply equally to men and women and also to those that entered the U.S. without inspection.
SIJS
A probate court or family court may find a child (under 21 years old) eligible for this classification if the child was abused, abandoned, or neglected by their parents. After the attorney successfully obtains SIJS classification, the child is eligible to concurrently apply for the I-360, Special Immigrant (as a juvenile declared a dependent in juvenile court) & the I-485, Application for Lawful Permanent Residency in the United States. Cancellation of Removal/10 years in USA.
Frequently Asked Questions
Can I file a VAWA petition without my abuser knowing?
Yes. USCIS is legally prohibited from disclosing any information about a VAWA self-petition to the abuser. Your abuser will not be notified and cannot access information about your case.Do I need a police report or evidence of physical abuse to file VAWA?
No. USCIS evaluates the totality of the evidence. Physical abuse is not required — emotional, psychological, financial, and sexual abuse all qualify as "extreme cruelty" under VAWA. Evidence can include personal declarations, witness statements, photographs, medical records, and protective orders, among other documentation.Can I file VAWA if I entered the U.S. illegally?
Yes. VAWA applies regardless of how you entered the United States, including if you entered without authorization, and leads to adjustment of status without leaving the country.What if I am already divorced from my abuser?
You may still file if the divorce occurred within the past 2 years and was connected to the abuse.What immigration status do I get if my VAWA petition is approved?
After I-360 approval, petitioners may receive deferred action and work authorization while waiting for a visa number. Once a visa number is available, petitioners can apply for a green card (lawful permanent residency) through adjustment of status or consular processing.Does VAWA only protect women?
No. VAWA protections apply equally to men, women, parents, widows, and unaccompanied minors.What is VAWA cancellation of removal?
A separate form of relief for survivors already in removal proceedings. It requires 3 years of continuous presence, good moral character, and proof of battery or extreme cruelty by a U.S. citizen or permanent resident spouse or parent.Can a parent of a US citizen file a VAWA petition?
Yes. Parents with US citizen children over 21 years of age who are cohabitating, and whom are mentally abused by the U.S. citizen child, can attain permanent resident status.How long does a VAWA self-petition take?
USCIS processing times for I-360 VAWA petitions vary. As a VAWA petitioner you may be eligible for deferred action and work authorization while your petition is pending. An attorney can provide current estimated timelines.F&D is proud to offer our clients a creative, cost-effective, and hands-on approach to their legal needs.
