VAWA for abused children and abused parents: the two self-petitions in full
VAWA is not only for spouses. A child abused by a U.S. citizen or green card holder parent can self-petition, and so can a parent abused by an adult U.S. citizen son or daughter. The two petitions share a form but not every rule. Here is each one, element by element.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Most writing about VAWA is about marriages. The statute reaches further. Two other people can file a self-petition on their own, without the abuser's help and without the abuser being told: a child abused by a citizen or green card holder parent (INA 204(a)(1)(A)(iv), (B)(iii)), and a parent abused by a U.S. citizen son or daughter who is at least 21 (INA 204(a)(1)(A)(vii), added by VAWA 2005, Pub. L. 109-162).
The two petitions share a form, not every rule. This article sets out each one, then puts the differences side by side.
The abused child: the elements
Under INA 204(a)(1)(A)(iv), the child of a U.S. citizen may self-petition if the child:
- is eligible to be classified as an immediate relative;
- has good moral character;
- resides or has resided with the citizen parent; and
- was battered or subjected to extreme cruelty by that parent.
Residence "includes any period of visitation" (INA 204(a)(1)(A)(iv)). The child of a green card holder meets the same elements, with F2A classification (INA 204(a)(1)(B)(iii)).
The abuser must generally be a citizen or green card holder at filing and at the time of the abuse (3 USCIS-PM D.2(B)(1)).
The regulation still prints rules the statute removed
8 C.F.R. 204.2(e)(1)(i) still lists residence in the United States at filing, shared residence in the United States and extreme hardship as child elements, and 204.2(e)(1)(v) repeats the residence rule. The Policy Manual says VAWA 2000 removed these and supersedes that part of the regulation (3 USCIS-PM D.2(A) fn. 5). They are not elements of a child's self-petition.
Who counts as a child
The child must be unmarried and under 21 at filing, and unmarried at approval (INA 101(b)(1); 8 C.F.R. 204.2(e)(1)(ii); 3 USCIS-PM D.2(B)(3)). Three kinds qualify (INA 101(b)(1)(A)-(E)):
- A biological child of the abuser.
- A stepchild, if the marriage that created the step relationship took place before the child turned 18.
- An adopted child, adopted under 16. An abused adopted child does not have to show the usual 2 years of legal custody and joint residence.
A court order ending the abuser's parental rights, or a change in custody, does not matter (3 USCIS-PM D.2(B)(3)). The intended-spouse rule for bigamous marriages does not extend to children, but a child can be a derivative on a parent's intended-spouse petition (3 USCIS-PM D.2(B)(3)).
When the abuse must have happened
The abuse must have happened during the relationship, while the child was under 21 and living with or visiting the abusive parent. For a stepchild, it must have happened during the step relationship (INA 204(a)(1)(A)(iv), (B)(iii); 3 USCIS-PM D.2(E), (F)). For an adopted child, the abuser may be the adoptive parent or a family member of the adoptive parent living in the same household (INA 101(b)(1)(E)(i); 3 USCIS-PM D.2(E)).
"Battery or extreme cruelty" includes violence or threats, forceful detention, psychological or sexual abuse, and acts that are part of an overall pattern of violence (8 C.F.R. 204.2(c)(1)(vi)). See battery or extreme cruelty.
Good moral character for a child
A self-petitioning child under 14 is presumed to have good moral character and need not submit evidence of it, though USCIS may ask (3 USCIS-PM D.2(G)(2), D.4(B)). An older child submits a statement and police clearances (3 USCIS-PM D.4(B)). The exception in INA 204(a)(1)(C) for abuse-connected acts names the child petitions. See good moral character.
The child's age: 21, and the window to 25
Age is the rule children worry about most. Under 21 and unmarried at filing is the baseline (3 USCIS-PM D.2(B)(3)). But a child who turns 21 may still file until age 25 if the abuse was at least one central reason for the delay (INA 204(a)(1)(D)(v)).
The Policy Manual sets out how that works (3 USCIS-PM D.3(G)(1)):
- You must have met every requirement on the day before you turned 21.
- You must remain unmarried.
- The abuse must be one central reason for the delay. It need not be the only reason, but it must be more than tangential.
- The petition is treated as filed the day before your 21st birthday.
The late-filing window closes at age 25
Your declaration should explain, in your own words, how the abuse caused the delay.
See children turning 21 on a VAWA case.
Deaths, loss of status and marriage: the child's life events
| What happens | Effect on the child's petition | Authority |
|---|---|---|
| The abusive U.S. citizen parent dies before the child files | The child is not eligible. The 2-year death rule covers spouses and parents only | 3 USCIS-PM D.3(B)(1), D.3(D)(1) |
| The abusive green card holder parent dies before the child files | Not eligible | 3 USCIS-PM D.3(D)(2) |
| The green card holder parent dies while the petition is pending or after approval | USCIS may approve or continue it in its discretion if the child lived in the U.S. at the death and still does, unless not in the public interest | INA 204(l); 3 USCIS-PM D.3(D)(2) |
| The parent lost or renounced status within 2 years before filing | The child may still file if a citizen parent's loss was related to, or a permanent resident parent's loss was due to, an incident of domestic violence | INA 204(a)(1)(A)(iv), (B)(iii); 3 USCIS-PM D.3(E)(1) |
| The parent loses status after the child files | Not affected; no connection to domestic violence needed | INA 204(a)(1)(A)(vi), (B)(v)(I); 3 USCIS-PM D.3(E)(2) |
| A green card holder parent naturalizes after filing | The petition converts to immediate relative | INA 204(a)(1)(B)(v)(II) |
| The child marries after filing | Ineligible while married, but may remain eligible if the marriage ends before a final decision | 3 USCIS-PM D.3(B)(1) |
| The parent and stepparent divorce | The stepchild stays eligible if the marriage was before age 18 and the step relationship existed at the time of the abuse | 3 USCIS-PM D.3(A)(2) |
If a step relationship ended through the death of the biological or legal parent, the step relationship with the surviving abuser must continue in fact at filing (3 USCIS-PM D.3(A)(2); PA-2025-33).
The child's own children
A self-petitioning child may include their own children who are unmarried and under 21 at filing. They get the same classification and priority date (INA 204(a)(1)(A)(iv), (B)(iii); 3 USCIS-PM D.2(I)). A child born later, even after approval, may be added at the green card stage without a new petition (3 USCIS-PM D.2(I)).
The regulation says otherwise
8 C.F.R. 204.2(e)(4) says a self-petitioning child's own child cannot be a derivative. The statute ("and any child of the alien") and the Policy Manual allow it (3 USCIS-PM D.2(I)), and we follow them.
The abused parent: the elements
Under INA 204(a)(1)(A)(vii)(I)-(V), the parent of a U.S. citizen may self-petition if the parent:
- is eligible to be classified as an immediate relative;
- has good moral character;
- resides or has resided with the citizen son or daughter; and
- was battered or subjected to extreme cruelty by that son or daughter.
The statute also reaches the parent of a citizen son or daughter who, within the past 2 years, lost or renounced citizenship related to domestic violence, or died (INA 204(a)(1)(A)(vii)).
Who the abuser must be
The parent petition is narrower than the child petition in three ways (3 USCIS-PM D.2(B)(4), D.2(E)):
- The son or daughter must be a U.S. citizen. Parents of green card holders are not eligible.
- The son or daughter must be 21 or older at filing.
- The abuse must have happened while the son or daughter was 21 or older.
A biological parent, a stepparent (the marriage took place before the son or daughter turned 18) or an adoptive parent may qualify. An adoptive parent must show 2 years of legal custody and 2 years of joint residence (3 USCIS-PM D.2(B)(4); INA 101(b)(1)(E)).
Death and loss of status
If the citizen son or daughter died, the parent may file within 2 years after the death, if the son or daughter was at least 21 at death (3 USCIS-PM D.3(D)(1)). There is no waiver or tolling of that window (3 USCIS-PM D.3(D)(1)). A death while the petition is pending or after approval does not affect it (INA 204(a)(1)(A)(vii)(I); 3 USCIS-PM D.3(D)(1)).
Loss of citizenship works differently. Before filing, it must be related to domestic violence, within the 2 years before filing, with the son or daughter 21 or older at the loss (3 USCIS-PM D.3(E)(1)). After filing, a spouse's or child's petition survives it, but a parent's does not: the parent is no longer eligible (3 USCIS-PM D.3(E)(2)).
No derivatives
A self-petitioning parent cannot include derivatives. A listed child gets no benefit, but the petition is not denied for it (3 USCIS-PM D.2(I)).
Good moral character, and the exception that does not name parents
A parent must show good moral character, generally over the 3 years before filing, through the final decision (3 USCIS-PM D.2(G)(1); INA 101(f)). For spouses and children, INA 204(a)(1)(C) keeps a waivable, abuse-connected act or conviction from barring that finding. Its text names petitions under 204(a)(1)(A)(iii), (A)(iv), (B)(ii) and (B)(iii) only, not (A)(vii), the parent petition (3 USCIS-PM D.2(G)(4)). A parent with any arrest should have it reviewed first. If the son or daughter made the complaint, see arrested or charged, and talk to your criminal lawyer before writing anything down.
Child and parent, side by side
| Rule | Abused child | Abused parent |
|---|---|---|
| Abuser's status | U.S. citizen or green card holder parent (INA 204(a)(1)(A)(iv), (B)(iii)) | U.S. citizen son or daughter only (3 USCIS-PM D.2(B)(4)) |
| Age rule | Child under 21 at filing, or to 25 with the delay rule (INA 204(a)(1)(D)(v)) | Son or daughter 21 or older at filing and at the abuse (3 USCIS-PM D.2(B)(4)) |
| Abuser died before filing | Not eligible (3 USCIS-PM D.3(B)(1)) | File within 2 years if the son or daughter was at least 21 (3 USCIS-PM D.3(D)(1)) |
| Abuser loses status after filing | Not affected (3 USCIS-PM D.3(E)(2)) | No longer eligible (3 USCIS-PM D.3(E)(2)) |
| Derivatives | Own unmarried children under 21 (3 USCIS-PM D.2(I)) | None (3 USCIS-PM D.2(I)) |
| 204(a)(1)(C) GMC exception | Named in the text | Not named in the text (INA 204(a)(1)(C)) |
| "Qualified alien" for benefits | Possible (8 U.S.C. 1641(c)) | No (3 USCIS-PM D.5(A)) |
Proving the relationship
Both petitions start with proof of the family tie, and USCIS considers any credible evidence (INA 204(a)(1)(J)). For a mother, that is usually the child's civil birth certificate naming her. For a father, a stepparent or an adoptive parent, the Policy Manual lists marriage certificates, proof that prior marriages ended, adoption decrees, and secondary records such as support orders, school, hospital or census records (3 USCIS-PM D.2(B)(3)-(4); 8 C.F.R. 204.2(e)(2)(ii)). The same categories apply in reverse for a parent. See evidence without documents.
After approval: the green card
A child or parent of an abusive U.S. citizen is an immediate relative and may file the I-485 with the I-360, while it is pending, or after approval; the green card still requires an approved I-360 (3 USCIS-PM D.4(A), D.5(D)(2)). A child of a green card holder may wait for the Visa Bulletin (INA 203(a)(2)(A)). There is no government filing fee for the I-360 or the VAWA I-485, as of October 2026 (8 C.F.R. 106.2(a)(17)(ii); 8 C.F.R. 106.3(b)(6)). Citizenship comes after 3 years for a battered child of a citizen (INA 319(a)) and 5 years for parents (INA 316(a)). See the green card after VAWA.
When neither petition fits
Some families fall outside both doors. A child with a state juvenile court order finding reunification with a parent not viable because of abuse, neglect or abandonment may qualify for Special Immigrant Juvenile classification (INA 101(a)(27)(J); 8 C.F.R. 204.11). Domestic violence is a qualifying crime for the U visa, and the abuser need not be a citizen or green card holder (INA 101(a)(15)(U)(iii)). See SIJ for abused children and the U visa for domestic violence survivors.
If you still live with the abuser
A safety plan is made with a domestic violence advocate. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788. If you are in danger now, call 911.
Read next: abused child, abused parent, children on your petition, or the VAWA self-petition guide.
Common questions
I am 22. Is it too late to file as an abused child?
Maybe not. A child who turns 21 may still file until age 25 if the abuse was at least one central reason for the delay (INA 204(a)(1)(D)(v)). You must have met every requirement on the day before you turned 21 and must still be unmarried, and the petition is treated as filed the day before your 21st birthday (3 USCIS-PM D.3(G)(1)).
My abusive U.S. citizen father died. Can I still self-petition as his child?
No, if he died before you filed. The Policy Manual says the 2-year death rule covers spouses and parents, not children (3 USCIS-PM D.3(B)(1), D.3(D)(1)). Other doors may still fit, so talk to a lawyer about your facts.
Can a parent self-petition against a son or daughter who has a green card?
No. The parent petition requires a U.S. citizen son or daughter who was at least 21 when the petition was filed, and the abuse must have happened while the son or daughter was 21 or older (INA 204(a)(1)(A)(vii); 3 USCIS-PM D.2(B)(4)). Parents of green card holders are not eligible.
Can I include my other children on my petition as an abused parent?
No. A self-petitioning parent cannot include derivatives. Listing a child gives that child no benefit, though the petition is not denied for it (3 USCIS-PM D.2(I)).
Does the good moral character exception for abuse-connected acts help a parent?
The statutory text of INA 204(a)(1)(C) names petitions under 204(a)(1)(A)(iii), (A)(iv), (B)(ii) and (B)(iii): spouses and children. It does not name (A)(vii), the parent petition. A parent with an arrest or conviction should have a lawyer review it before filing.
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