An I-360 VAWA abusive marriage petition provides a critical pathway for immigrants who have suffered abuse by a U.S. citizen or lawful permanent resident spouse. The Violence Against Women Act (VAWA) allows survivors to seek legal status, protection, and independence without relying on their abuser. Below, we break down the most important legal facts about VAWA petitions to help you understand your options and rights.

Eligibility for I-360 VAWA Through Abusive Marriage

Four Major Requirements

Spouse had to be a U.S. Citizen or Lawful Permanent Resident.
You must prove this was a real (bona fide) marriage. Producing joint documents with both spouses’ names to show you lived together for love and family reasons.
There was abuse—moral, emotional, financial, and physical. Physical abuse is not mandatory as an eligibility factor.
You are a person of good moral character (we produce police clearances and other proofs of good moral character).

Survivors in an abusive marriage with a U.S. citizen or lawful permanent resident may be eligible to file an I-360 VAWA petition. They can gain legal protection and independence.

Married to a U.S. Citizen or Lawful Permanent Resident (LPR)?

Married to a U.S. citizen or green card holder and have experienced abuse? You may be eligible to file for the I-360 VAWA. However, documentation is key to proving a good-faith marriage and the abuse you suffered.

The I-360 VAWA process allows immigrants to self-petition for a green card. They will not have to rely on their abusive spouse, ensuring they can escape dangerous situations safely.

Joint Documents Strengthen Your Case

The more shared documentation you have, the stronger your case will be. Examples include:

Joint leases, bills, tax returns
Photos together with family and friends
Travel history
Joint insurance policies and IDs

If No Joint Documents

Witness letters and multiple shared photos can also help support your claim.

What If You Were Never Legally Married?

If you were never legally married, you cannot file for VAWA. However, if your abuser forced you to work under exploitative conditions in their business, you may qualify for a T-Visa instead.

Perhaps you believed you were married, but your spouse was already married to someone else. Maybe the marriage was otherwise invalid. In that case, you can still file for VAWA.

VAWA for Divorcees

Even after divorce, you can still file for VAWA. You must apply within two years of the divorce.

Including Children in a VAWA Petition

Children under 21 are included in the application, even if they live outside the U.S.
There is preserved eligibility for a green card from the moment the VAWA petition is filed. They must remain unmarried.

Overstayed Visa or Entered Without One?

Even if you overstayed your visa or entered the U.S. without inspection, you can still file a VAWA petition. Then you can obtain a green card.

What If You Have a Prior Deportation Order?

You can still file for VAWA, but additional legal steps are required:

File the VAWA petition (this process takes about 3.5 years).
Once approved, file a Motion to Reopen with an Immigration Judge.
If the Motion to Reopen is granted and the case is terminated, you can then apply for Adjustment of Status (a green card).

If you do not have a prior deportation order, file your VAWA petition along with:

Work authorization and advance parole typically take one year to process.

If you file I-360 VAWA alone, employment authorization is only available after 3.5 years when the petition gets approved.

VAWA for Abuse by a U.S. Citizen Child

Maybe the abuser was your U.S. citizen son or daughter (over 21 years old) who controlled you or financially exploited you. You may also qualify for VAWA.

VAWA Grants Protection from Deportation

When filing a VAWA petition, you cannot face deportation while your case is pending.
Upon VAWA petition approval, you become 100% non-deportable, even if you had a prior removal order.

Confidentiality and Privacy Protections

VAWA applications are completely confidential. The abuser will never know of the petition.
You can use your lawyer’s office address for all correspondence to ensure complete privacy.
Even if you personally call USCIS, they will not disclose any details about your VAWA case.

Psychological Evidence for VAWA Cases

It is highly recommended to see a psychologist, therapist, or psychiatrist for a professional evaluation.

Strong psychological assessments help prove the emotional and psychological trauma caused by the abuse.

A reputable expert can provide powerful evaluations for VAWA applicants. Inna Revutsky, Psych Nurse Practitioner at Nursing the Mind can help.

What If You Have a Two-Year Conditional Green Card?

Did you have a two-year conditional green card and your U.S. citizen or LPR spouse abused you? You can apply for a 10-year green card under a waiver based on abuse (I-751 Removal of Conditions).

Final Thoughts

Navigating the I-360 VAWA process can be complex. However, it provides a critical path for immigrants escaping abuse to gain independence and lawful status. Having a skilled immigration attorney guide you through the process can make a significant difference in the success of your case.

If you are in an abusive marriage and need immigration relief, understanding the I-360 VAWA petition requirements is crucial. Then we can work to successfully file your case.

Contact Shepelsky Law Group for Professional Legal Assistance

Shepelsky Law Group
📍 2415 Avenue U, Brooklyn, NY 11229
📞 (718) 769-6352
✉️ mshepelsky@shepelskylaw.com
🌐 www.ShepelskyLaw.com

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