VAWA, the U visa, the I-751 waiver or VAWA cancellation: which path fits
Four different legal paths protect survivors of abuse, and they are easy to confuse. Which one fits depends on who the abuser is, whether you were married, what status you hold now, and whether you are in immigration court. This article compares them side by side.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
People who have been abused by a spouse or family member are often told about "VAWA" as if it were one thing. In practice there are several separate paths, each with its own statute, its own form and its own decision-maker. Picking the wrong one wastes time. Picking the right one early can change the whole case.
This article compares the four paths survivors ask about most: the VAWA self-petition, the U visa, the battered-spouse waiver of the joint I-751 filing, and VAWA cancellation of removal. At the end we note two others, the T visa and Special Immigrant Juvenile classification, that fit narrower situations.
The four paths side by side
| Question | VAWA self-petition | U visa | I-751 abuse waiver | VAWA cancellation |
|---|---|---|---|---|
| Who must the abuser be? | A U.S. citizen or green card holder spouse, parent, or adult citizen son or daughter (INA 204(a)(1)) | Anyone who committed a qualifying crime; need not be a citizen or LPR (INA 101(a)(15)(U)(iii)) | The spouse through whom you got conditional residence (INA 216(c)(4)(C)) | A spouse or parent who is or was a U.S. citizen or LPR (INA 240A(b)(2)(A)(i)) |
| Must you have been married? | Yes for spouses, or an intended marriage; children and parents file on their own relationship | No (INA 101(a)(15)(U)(iii)) | Yes, it is a marriage-based green card | A spouse, or the child of the abuser, or the parent of such a child (INA 240A(b)(2)) |
| Police or prosecutor certification? | Not required | Required: Form I-918 Supplement B (INA 214(p); 8 C.F.R. 214.14) | Not required | Not required |
| Where is it decided? | USCIS | USCIS, exclusively (8 C.F.R. 214.14) | USCIS first; an immigration judge reviews a denial (Matter of Stowers, 22 I&N Dec. 605 (BIA 1999)) | Immigration court |
| Time in the U.S. required? | No set period | Not for the visa; 3 years of continuous physical presence before the green card (INA 245(m)) | No set period | 3 years continuous physical presence (INA 240A(b)(2)) |
| Extreme hardship? | See the note below the table | Not an element; you show substantial physical or mental abuse from the crime instead (INA 101(a)(15)(U)(i)) | Not for the abuse basis; extreme hardship is a separate, alternative basis (INA 216(c)(4)(A), (C)) | Yes, to you, your child or your parent (INA 240A(b)(2)) |
| Annual cap? | None for a citizen's spouse (INA 201(b)(2)(A)(i)); a green card holder's spouse waits for the Visa Bulletin | 10,000 principals a year (INA 214(p)) | Does not apply; it removes conditions on a green card you already hold | 4,000 a year (INA 240A(e)(1), (e)(3)) |
| Government filing fee, as of October 2026 | None for the I-360 (8 C.F.R. 106.2(a)(17)(ii)) | See the I-918 page | None for an I-751 filed with an abuse waiver (Form G-1055) | $1,640 for Form EOIR-42B plus a $30 biometrics fee, paid to the government |
Hardship and the self-petition
The regulation for the self-petition, 8 C.F.R. 204.2(c)(1)(i)(G), still prints extreme hardship as an element. Congress removed it from the statute in 2000 (Pub. L. 106-386, div. B, title V, sec. 1503(b)(1)(A)), and the USCIS Policy Manual, Vol. 3, Part D, follows the statute. It is not an element of the self-petition.
The EOIR-42B figure is the government filing fee for filings postmarked on or after February 1, 2026: $100 to EOIR plus $1,540 added by the 2025 reconciliation law (EOIR Forms and Fees page; 91 FR 2561). None of it is a legal fee. Fees change; check the EOIR fees page and the USCIS form pages before filing.
The VAWA self-petition
The self-petition is for an abused spouse, child or parent of a U.S. citizen, or an abused spouse or child of a green card holder (INA 204(a)(1)(A)(iii), (iv), (vii); (B)(ii), (iii)). You file Form I-360 yourself. The abuser does not sign or sponsor it.
It fits best when the abuser is a citizen or permanent resident and you were married to them, or are their child or parent. It also reaches former spouses within 2 years after a marriage that ended in connection with the abuse (INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc)), and spouses of a citizen who died within the 2 years before filing (INA 204(a)(1)(A)(iii)(II)(aa)(CC)(aaa)).
Its strengths: no certification from police, no government filing fee, a broad definition of abuse that reaches non-physical cruelty (8 C.F.R. 204.2(c)(1)(vi)), and a direct route to a green card on approval. Read the complete guide for the full sequence.
The U visa
The U visa protects people who suffered a qualifying crime and were helpful to law enforcement (INA 101(a)(15)(U)). Domestic violence is a qualifying criminal activity, the abuser need not be a citizen or permanent resident, and the two of you need not have been married (INA 101(a)(15)(U)(iii)). That makes it the usual answer for survivors the self-petition cannot reach: unmarried partners, and people abused by someone without status.
To qualify, you must have suffered substantial physical or mental abuse from the crime, have information about it, and have been, be, or be likely to be helpful to law enforcement, a prosecutor, a judge or another authority; the crime must have violated U.S. law or happened in the United States (INA 101(a)(15)(U)(i); 8 C.F.R. 214.14(b)).
It has costs. You need a signed certification on Form I-918 Supplement B (INA 214(p); 8 C.F.R. 214.14), signed within the 6 months before you file by a certifying official: the head of a certifying agency such as a police department or prosecutor's office, a supervisor the head designated, or a judge (8 C.F.R. 214.14(a)(2)-(3), (c)(2)(i)). The program is capped at 10,000 principal visas a year (INA 214(p)). After 3 years of continuous physical presence in U nonimmigrant status, a U visa holder may apply to adjust (INA 245(m); 8 C.F.R. 245.24).
If you are in immigration court with a U petition that looks approvable on its face, the Board of Immigration Appeals has said the judge should generally continue the case (Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012)). See the U visa, certification, and the U visa to a green card.
The battered-spouse waiver of the joint I-751
If you got a two-year conditional green card through marriage, you normally remove the conditions by filing Form I-751 together with your spouse. An abuser can use that joint filing as leverage. The battered-spouse waiver removes it: you may file without the abuser if you entered the marriage in good faith and, during it, you or your child were battered or subjected to extreme cruelty, and you were not at fault in failing to file jointly (INA 216(c)(4)(C)).
You do not have to wait for the usual 90-day window before the card expires. You may request the waiver at any time after you receive conditional residence, and you may file while still married, separated or divorced. It must be filed before a final order of removal (6 USCIS-PM I.5; 8 C.F.R. 216.5(a)(1)(iii), (a)(2), (e)(3)(ii)). USCIS decides it first, and an immigration judge can review a denial (Matter of Stowers, 22 I&N Dec. 605 (BIA 1999)).
As of October 2026, there is no government filing fee for an I-751 filed with a waiver based on battery or extreme cruelty (Form G-1055). No report from a mental health professional is required, and officers cannot deny because a particular piece of evidence was not provided (6 USCIS-PM I.5(C)). The Policy Manual says the older regulation that asked for such a report is superseded.
Who it fits: a conditional resident. If you already have a ten-year card, or never got a green card through the abuser, it is not your path. See the I-751 waiver. For the ordinary joint I-751 when there is no abuse, our sister site covers it.
VAWA cancellation of removal
VAWA cancellation is a defense in immigration court. An immigration judge may cancel removal and grant a green card to a person who was battered or subjected to extreme cruelty by a U.S. citizen or permanent resident spouse or parent, or who is the parent of a child abused by such a person (INA 240A(b)(2)). It requires 3 years of continuous physical presence, good moral character, that you are not barred by the listed grounds or an aggravated felony, and that removal would cause extreme hardship to you, your child or your parent (INA 240A(b)(2)).
Two features set it apart. First, hardship is a real element here, unlike the self-petition. Second, an absence connected to the abuse does not break continuous presence, though the excluded time does not count toward the 3 years, and service of the Notice to Appear does not stop the clock (INA 240A(b)(2)(A)(ii), (B)). Grants count against a cap of 4,000 a year (INA 240A(e)(1), (e)(3)).
Published cases on VAWA cancellation include Lopez-Birrueta v. Holder, 633 F.3d 1211 (9th Cir. 2011), on threats and control, and Da Silva v. Attorney General, 948 F.3d 629 (3d Cir. 2020), on court review of an extreme cruelty finding. Neither was our client. See VAWA cancellation and our article on VAWA in deportation proceedings.
How to tell which one is yours
Answer these in order. The first "yes" usually points to the first path to look at, though it may not be the only one.
- Are you in immigration court, or do you have a removal order? Start with VAWA in immigration court. A self-petition or U petition can still matter there, and a removal order can sometimes be reopened (INA 240(c)(7)(C)(iv)).
- Do you hold a two-year conditional green card through the abuser? Look at the I-751 waiver.
- Is the abuser a U.S. citizen or green card holder, and are you their spouse, former spouse, child or parent? Look at the self-petition.
- Is the abuser anyone else, or were you never married? Look at the U visa.
Several facts can move you from one path to another: a divorce, the abuser's death or loss of status, a child turning 21, an arrest. Those are covered in VAWA after divorce or death and arrested or charged. If you were arrested, talk to your criminal lawyer before you write anything down about it.
Two narrower paths
- T visa. For victims of a severe form of trafficking; 5,000 a year; Form I-914 (INA 101(a)(15)(T), 214(o)(2); 8 C.F.R. 214.200 to 214.216). Some abusive relationships involve forced labor or forced commercial sex. See the T visa.
- Special Immigrant Juvenile classification. For children with a state-court finding of abuse, neglect or abandonment (INA 101(a)(27)(J); 8 C.F.R. 204.11). See SIJ for abused children.
Asylum based on domestic violence is a separate and fast-changing area that we do not analyze here; see asylum and domestic violence.
Your safety comes first
Every path involves paperwork that can be found. Read staying safe online before you gather anything. A safety plan is made with a domestic violence advocate. If you are in danger now, call 911.
Read next: other paths, who qualifies for the self-petition, the U visa, or the I-751 waiver.
Common questions
Can I use more than one path at the same time?
Sometimes. The paths have different requirements, and a person may qualify for more than one. Whether to pursue one or several, and in what order, depends on the facts and on whether you are in immigration court. That is a decision to make with a lawyer who has read your whole situation.
The abuser is not a citizen or green card holder. Is there anything for me?
The VAWA self-petition requires an abuser who is a U.S. citizen or permanent resident. The U visa does not: domestic violence is a qualifying crime, the abuser need not be a citizen or LPR, and the parties need not be married (INA 101(a)(15)(U)(iii)).
I have a two-year green card through my marriage. Which path is mine?
Usually the battered-spouse waiver of the joint I-751 filing (INA 216(c)(4)(C)). You may request it at any time after receiving conditional residence, while still married, separated or divorced, as long as it is filed before a final order of removal (6 USCIS-PM I.5; 8 C.F.R. 216.5).
Why does VAWA cancellation require extreme hardship when the self-petition does not?
Because they are different statutes. VAWA cancellation, INA 240A(b)(2), lists extreme hardship to you, your child or your parent as an element. The self-petition statute, INA 204(a)(1), no longer does.
Do I need police cooperation for VAWA?
No. The self-petition does not require a law enforcement certification. The U visa does: Form I-918 Supplement B, signed by a certifying official, is required (INA 214(p); 8 C.F.R. 214.14).
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