Deferred action after VAWA approval
When USCIS approves a VAWA self-petition, the self-petitioner may be considered for deferred action on a case-by-case basis. Together with the work permit, that is the protection most survivors hold between approval and the green card. It is not the green card, and it is not permanent.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
The approval notice for a self-petition can feel like the end. It is a large step, and it brings two things with it: eligibility for a work permit and consideration for deferred action. This page explains the second one and where it sits in the larger path described in your green card after VAWA.
What the rule says
Under the USCIS Policy Manual, Volume 3, Part D, chapter 5, approved VAWA self-petitioners and their derivatives may be considered for deferred action on a case-by-case basis (see also INA 204(a)(1)(D)(i)(II), (IV)). The words "may" and "case-by-case" matter: it is a decision USCIS makes, not an entitlement written into the statute. Your approval notice and any separate notice that follows show what was done in your case. Keep them with your copies in a place the abuser cannot reach.
Deferred action does not depend on the abuser in any way. It follows your approval, whether the abuser is a citizen or a permanent resident, whether you are still married or not, and whether the abuser knows you filed or not.
What we publish, and what we do not
We publish the rule above because it is in our verified ledger with its source. We do not publish a summary of everything deferred action does or does not protect against, how long it lasts, or how it is renewed, because those details are not yet in our verified ledger and an overstated promise here could put you at risk. We go through them at the consultation against your notice and your history.
How it fits with the rest of your case
| Paper | Where it comes from | Authority |
|---|---|---|
| Approved I-360 | Your self-petition | INA 204(a)(1)(A)(iii), (B)(ii) and related provisions |
| Deferred action | May be considered case by case after approval | USCIS Policy Manual Vol. 3, Part D, ch. 5 |
| Work permit | Requested on the I-360; renewals on Form I-765 | INA 204(a)(1)(K) |
| Green card | Form I-485, adjustment of status | INA 245(a) |
If you are the spouse of a citizen, we tell you at the consultation when the green card application can be filed in your case. If you are the spouse of a permanent resident, you adjust only when your priority date is current (INA 203(a)(2)(A)), so deferred action and the work permit may be what you hold for a while. See the Visa Bulletin wait.
Before approval
Deferred action is considered after approval. Before approval, a different step can help: a prima facie determination on the self-petition can make you a "qualified alien" for certain public benefits, if the abuse happened in the United States, the benefits agency finds a substantial connection between the abuse and the need for benefits, and the abuser no longer lives in your household (8 U.S.C. 1641(c); 8 C.F.R. 204.2(c)(6)(i)). Abused parents are not covered, and no prima facie notice is issued for a petition filed from abroad.
Your information while you wait
The government may not disclose information about a VAWA applicant to anyone, with limited exceptions, and may not make an adverse determination of admissibility or deportability using information furnished solely by the abuser or the abuser's family (8 U.S.C. 1367(a)(1), (a)(2), (b)). The admissibility rule does not apply if you have been convicted of a crime listed in INA 237(a)(2), and USCIS does not apply it to the denial of an I-360, I-751 or I-765V (PA-2025-34). It does not stop the abuser from calling ICE, and it does not bind a state family or criminal court; that is our reading of the statute's scope. Read confidentiality and if the abuser called ICE.
Things that can change your footing
- An arrest or charge. Talk to your criminal lawyer before you write anything down, and read arrested or charged.
- Travel. Do not leave the United States before talking to us. See travel and advance parole.
- Remarriage before approval. A basis for denial (8 C.F.R. 204.2(c)(1)(ii)). After approval it is not a basis for revocation (INA 204(h)).
- Being placed in court. Read VAWA in immigration court.
Read next: your work permit, public benefits, the Visa Bulletin wait, or your green card after VAWA.
Common questions
Do I have to apply separately for deferred action?
Under the USCIS Policy Manual, Volume 3, Part D, chapter 5, approved self-petitioners and their derivatives may be considered for deferred action on a case-by-case basis. The consideration follows the approval of the I-360. We confirm what your approval notice says when it arrives.
Is deferred action the same as a green card?
No. Deferred action is a temporary protection that comes with the approved self-petition. The green card is lawful permanent residence, granted on a separate application, Form I-485. Deferred action is the bridge between the two, and for a spouse of a permanent resident the bridge can be long.
Can I work with deferred action?
An approved self-petitioner is eligible for employment authorization under INA 204(a)(1)(K). The first work permit can be requested on the I-360 itself; renewals use Form I-765. Deferred action and the work permit are separate papers, and you will want both.
Does deferred action protect me if I am arrested?
An arrest can affect any immigration case. If you were arrested or charged, talk to your criminal lawyer before you write anything down, and call us. Our page on arrests explains what to do first.
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