VAWA Self-Petition: How Abuse Survivors in California Can Get a Green Card

Last Updated: February 2026

If you are an immigrant in the United States and you have been abused by your U.S. citizen or lawful permanent resident spouse, parent, or child, you may be able to apply for a green card on your own — without your abuser’s knowledge or cooperation. This is possible through the Violence Against Women Act, commonly known as VAWA.

Despite its name, VAWA protects abuse survivors of all genders. Men, women, and individuals of any gender identity who have suffered battery or extreme cruelty at the hands of a qualifying family member may be eligible.

This guide explains how the VAWA self-petition works, what evidence you need, what protections are built into the process, and how California residents can access this life-changing form of immigration relief.

What Is a VAWA Self-Petition?

The VAWA self-petition allows certain abuse survivors to apply for lawful permanent resident status (a green card) independently, without the abuser filing a petition on their behalf. Normally, an immigrant who wants a family-based green card needs their U.S. citizen or permanent resident family member to file a petition (Form I-130) for them. This gives the sponsoring family member enormous power — and abusers frequently use that power as a tool of control.

Congress created the VAWA self-petition specifically to break this cycle. Under VAWA, eligible abuse survivors can file Form I-360 on their own, and USCIS is prohibited by law from contacting the abuser or disclosing any information about the petition to them.

Who Qualifies for a VAWA Self-Petition?

You may be eligible to file a VAWA self-petition if you meet the following requirements:

Qualifying Relationships

You must have a qualifying relationship with the abuser. Eligible petitioners include:

• Spouses of abusive U.S. citizens or lawful permanent residents (LPRs). This includes current spouses, former spouses (if the divorce was connected to the abuse and you file within two years of the divorce), and spouses of U.S. citizens who lost status within two years due to domestic violence.
• Children (unmarried, under 21) of abusive U.S. citizen or LPR parents
• Parents of abusive U.S. citizen sons or daughters (the U.S. citizen child must be at least 21)

Battery or Extreme Cruelty

You must demonstrate that you were subjected to battery or extreme cruelty by your qualifying family member. The legal standard is broad and encompasses many forms of abuse:

Good Moral Character

You must demonstrate good moral character. USCIS conducts a background check as part of this requirement. Minor criminal history does not automatically disqualify you — USCIS considers the totality of the circumstances, including whether any criminal behavior was connected to the abuse you experienced.

Residence in the United States

You must have resided in the United States with the abuser at some point. You must also be residing in the United States at the time you file your self-petition (with some exceptions for cases filed from abroad).

Good Faith Marriage (for Spousal Petitions)

If you are filing based on an abusive spouse, you must demonstrate that you entered the marriage in good faith — not solely for immigration benefits. Evidence of a good faith marriage can include joint leases, shared bank accounts, photographs together, birth certificates of shared children, correspondence, and affidavits from people who know your relationship.

VAWA Has No Annual Cap: Why This Matters

By comparison, the U Visa — another form of protection for crime victims — has an annual cap of 10,000 visas per year. This cap has created a backlog of over 300,000 pending U Visa cases, and applicants currently wait many years for their visa to be issued.

The VAWA Self-Petition Process: Step by Step

Step 1: Safety Planning

Before taking any legal action, make sure you have a safety plan. If you are still living with your abuser, consider whether filing a petition could put you at greater risk. California has extensive domestic violence resources that can help you with safety planning, emergency shelter, and protective orders. We list California-specific resources later in this article.

Step 2: Consult with an Immigration Attorney

VAWA cases are legally and factually demanding. An experienced VAWA attorney can evaluate your eligibility, help you understand the evidence you need, and guide you through the process. Because USCIS keeps VAWA cases confidential, working with an attorney adds an extra layer of protection for your privacy and safety.

Step 3: Gather Evidence

You will need to compile evidence supporting each element of your VAWA petition. This includes evidence of:

The qualifying relationship:

• Marriage certificate (for spousal claims)
• Birth certificate (for parent-child claims)
• Divorce decree (if applicable)
• Evidence of the abuser’s U.S. citizenship or LPR status (naturalization certificate, green card copy, passport, or other proof)

The abuse:

• Your personal declaration describing the abuse in detail
• Police reports (helpful but not required)
• Protective orders or restraining orders
• Medical records documenting injuries
• Photographs of injuries or property damage
• Text messages, emails, voicemails, or social media posts showing threats or abuse
• Affidavits from friends, family members, neighbors, counselors, clergy, or others who witnessed the abuse or its effects on you
• Records from domestic violence shelters or hotlines
• Therapist or counselor records

Good faith marriage (for spousal claims):

• Joint lease or mortgage documents
• Joint bank account statements
• Joint utility bills
• Photographs from your relationship and marriage
• Birth certificates of children born during the marriage
• Affidavits from people who know your relationship
• Wedding invitation, cards, or other wedding-related documents

Good moral character:

• Police clearance letters from every place you have lived in the past three years
• Your personal declaration addressing moral character
• If you have any criminal history, documentation and explanation of the circumstances

Residence in the United States:

• Lease agreements, utility bills, or other documents showing you lived at a U.S. address
• School records for you or your children
• Employment records
• Tax returns

Step 4: Prepare and File Form I-360

Your attorney will prepare Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and compile your supporting evidence into a well-organized petition package. The I-360 is filed with the USCIS Vermont Service Center.

Step 5: Prima Facie Determination

After USCIS receives your petition, they will review it for a “prima facie” determination. This is an initial review to confirm that your petition appears to meet the basic requirements. If USCIS finds prima facie eligibility, you will receive a prima facie notice.

This notice is important because it may entitle you to certain public benefits in California and can help establish your eligibility for other protections.

Step 6: Work Authorization

Once your I-360 is approved (or in some cases even before, based on the prima facie determination), you can apply for an Employment Authorization Document (EAD). This allows you to work legally in the United States while your green card application is being processed.

Step 7: Adjustment of Status or Consular Processing

After your I-360 is approved, the next step depends on your immigration category:

Step 8: Green Card Approval

Once your adjustment of status application is approved, you will receive your green card — lawful permanent resident status in the United States. This is a conditional or permanent green card depending on how long you have been married. If conditional, you will need to file a waiver of the joint filing requirement (since your abuser will not be filing with you), which is available to VAWA self-petitioners.

VAWA provides a path to safety and stability for abuse survivors and their families

Addressing Common Fears About VAWA

“My abuser said they will have me deported.”

This is one of the most common forms of immigration-related abuse. Your abuser does not have the power to have you deported. Only the federal government can initiate removal proceedings, and filing a VAWA self-petition can actually provide you with protection from removal.

If you are in removal proceedings, VAWA relief may be available to you as a defense. Talk to an experienced immigration attorney in San Diego or Los Angeles about your options.

“I don’t have police reports.”

You do not need police reports to file a VAWA self-petition. Many abuse survivors never call the police, for a wide range of valid reasons — fear of law enforcement, language barriers, immigration status concerns, cultural factors, or pressure from the abuser. USCIS understands this, and the law does not require police reports.

Your personal declaration, affidavits from people who know about the abuse, and other forms of evidence can be sufficient to establish that the abuse occurred.

“I don’t have legal immigration status.”

You can file a VAWA self-petition regardless of your current immigration status. VAWA is specifically designed to help abuse survivors who may be undocumented or whose immigration status depends on their abuser. Even if you entered the country without inspection, you may still be eligible for a green card through VAWA, depending on the specifics of your case.

“My abuser is also an immigrant.”

Your abuser must be a U.S. citizen or lawful permanent resident for you to qualify for VAWA. If your abuser does not have U.S. citizenship or a green card, you may still be eligible for other forms of protection, such as a U Visa or a T Visa. An attorney can evaluate which options are available to you.

“The abuse happened a long time ago.”

VAWA self-petitions can be filed based on past abuse. You do not need to be currently experiencing abuse at the time you file. However, there are some time limitations — for example, if you are filing based on an abusive former spouse, you generally must file within two years of the divorce. Consult with an attorney about timing requirements for your specific situation.

VAWA and Deportation Protection

Filing a VAWA self-petition can provide important protections against deportation. Under current USCIS policy, the agency exercises prosecutorial discretion in cases involving VAWA petitioners and generally does not initiate removal proceedings against someone with a pending or approved VAWA petition.

If you are already in removal proceedings, you may be able to file for VAWA cancellation of removal under Section 240A(b)(2) of the INA. This is a separate form of relief available in immigration court to abuse survivors who meet certain requirements, including three years of physical presence in the United States.

California-Specific Resources for Domestic Violence Survivors

California has some of the strongest domestic violence protections in the nation. If you are an abuse survivor in California, the following resources may be helpful:

Emergency and Crisis Resources

Legal Aid Organizations

• Legal Aid Society of San Diego: Provides free legal services to low-income domestic violence survivors
• Bay Area Legal Aid: Serves survivors in the San Francisco Bay Area, including San Rafael and surrounding communities
• Legal Aid Foundation of Los Angeles: Serves survivors in the Greater Los Angeles area
• California Rural Legal Assistance: Serves immigrant communities in California’s Central Valley, including Fresno and surrounding areas

Shelter and Support Services

• California has a network of domestic violence shelters throughout the state. Contact the National Domestic Violence Hotline for referrals to shelters near you.
• Many California counties have family justice centers that provide coordinated services to abuse survivors, including legal assistance, counseling, and safety planning.

California Protective Orders

Under California law, you can obtain a Domestic Violence Restraining Order (DVRO) to protect yourself from your abuser. A DVRO can order your abuser to stay away from you, move out of a shared residence, not destroy your property, and more. You can apply for a DVRO at your local California Superior Court, and there is no fee to file.

A DVRO can also serve as valuable evidence in your VAWA self-petition.

How VAWA Compares to Other Immigration Options for Abuse Survivors

VAWA is not the only form of immigration relief available to abuse survivors, but it is often the most advantageous. Here is a brief comparison:

VAWA vs. U Visa

The U Visa is available to victims of certain qualifying crimes who assist law enforcement. Key differences from VAWA include:

For a detailed comparison, read our guide on U Visa vs. VAWA: Which Immigration Protection Is Right for You?

VAWA vs. Divorce

Some abuse survivors wonder if they should simply divorce their abuser and pursue immigration status through other means. Divorce does not automatically eliminate your ability to file a VAWA self-petition, but timing matters. If you are considering divorce, speak with an immigration attorney first to understand how it may affect your eligibility.

How Bueno Immigration Helps VAWA Applicants Across California

At Bueno Immigration, our team is dedicated to helping abuse survivors throughout California secure their immigration status through VAWA. We understand that this process involves not just legal challenges but deeply personal and often traumatic experiences. We approach every case with compassion, respect for your confidentiality, and a commitment to thorough preparation.

We serve clients across the state, including those in San Francisco and the North Bay, Los Angeles, San Diego, Fresno and the Central Valley, and everywhere in between.

Our compassionate team serves abuse survivors across California from our San Diego and San Rafael offices

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and changes frequently. The information in this article reflects the law as of February 2026 and may not reflect subsequent changes. Every case is different, and the outcome of your case will depend on your specific facts and circumstances. Reading this article does not create an attorney-client relationship with Bueno Immigration or any of its attorneys. If you need legal advice about your immigration situation, please contact a qualified immigration attorney. If you are in immediate danger, please call 911 or the National Domestic Violence Hotline at 1-800-799-7233.