Glossary: VAWA terms in plain English
VAWA cases have their own vocabulary, much of it form numbers and statute sections. This page defines the words you will see on your papers and on this site, grouped by where they come up, with the authority for each and a link to the page that explains it.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Terms are grouped by where you meet them. The petition itself is explained on the VAWA self-petition, what follows on the green card after VAWA, the alternatives on other paths, and confidentiality on your safety.
The petition
- VAWA
- The Violence Against Women Act of 1994 and its later reauthorizations. Its immigration provisions let certain abused spouses, children and parents of U.S. citizens and permanent residents seek status without the abuser. They cover survivors of any gender, under the gender-neutral text of INA 204(a)(1).
- Self-petition
- A petition you file for yourself, without the abuser's signature, knowledge or permission, under INA 204(a)(1)(A)(iii) (spouse of a citizen) or 204(a)(1)(B)(ii) (spouse of a permanent resident), and the parallel provisions for children and parents.
- Form I-360
- The USCIS form used for the VAWA self-petition. There is no government filing fee for a VAWA I-360, under 8 C.F.R. 106.2(a)(17)(ii). Current edition and filing address: uscis.gov/i-360.
- Self-petitioner
- The person who files the self-petition.
- Battery or extreme cruelty
- The abuse element. Under 8 C.F.R. 204.2(c)(1)(vi) it includes any act or threatened act of violence that results or threatens to result in physical or mental injury; psychological or sexual abuse or exploitation; and acts that may not appear violent alone but are part of an overall pattern of violence.
- Good faith marriage
- A marriage both spouses entered intending, at the time, to establish a life together. Living apart now, or separating soon after the wedding, does not by itself show bad faith. An element of a spouse's self-petition under INA 204(a)(1)(A)(iii), (B)(ii) and 3 USCIS-PM D.2(C).
- Good moral character
- An element of every self-petition, judged by the bars in INA 101(f) and generally over the 3 years before filing (3 USCIS-PM D.2(G)). Usually shown by your affidavit and police clearances, under 8 C.F.R. 204.2(c)(2)(v); a child under 14 is presumed to have it. For spouses and children, an act or conviction waivable for the petition and connected to the abuse does not bar it, under INA 204(a)(1)(C); that exception does not name abused parents.
- Any credible evidence
- The evidence rule for VAWA. USCIS must consider any credible evidence, and the weight is in its sole discretion, under INA 204(a)(1)(J) and 8 C.F.R. 204.2(c)(2)(i).
- Intended spouse
- A person who believed in good faith they married the abuser, in a ceremony, where the marriage was not legitimate only because of the abuser's bigamy, under INA 204(a)(1)(A)(iii)(II)(aa)(BB) (citizen abuser), 204(a)(1)(B)(ii)(II)(aa)(BB) (permanent resident abuser) and INA 101(a)(50).
- Former spouse rule
- A divorced spouse may still file within 2 years after the marriage legally ended, if the end of the marriage was connected to the abuse. No waiver or tolling of the 2 years (3 USCIS-PM D.3(A)(1)).
- INA 204(l)
- The provision that lets USCIS, in its discretion, approve or keep in effect a petition when the permanent resident abuser dies after it was filed, if the self-petitioner lived in the United States at the death and still does (3 USCIS-PM D.3(D)(2)).
- Derivative child
- An unmarried child under 21 included on a spouse's or child's self-petition, whether or not the child was abused (INA 204(a)(1)(A)(iii), (iv), (B)(ii), (iii); 3 USCIS-PM D.2(I)). Self-petitioning parents cannot include derivatives.
After you file
- Prima facie determination
- An early USCIS finding that the petition, on its face, shows the elements. It can make a self-petitioning spouse or child a qualified alien for certain public benefits, on the conditions in 8 U.S.C. 1641(c), under 8 C.F.R. 204.2(c)(6)(i). Parents are not covered, and no prima facie notice is issued for a petition filed from abroad. It is not an approval. The notice is valid 1 year, then renewed in 180-day periods until a decision (3 USCIS-PM D.5(A)).
- Request for evidence (RFE)
- A USCIS request for more evidence before it decides. The response period may not exceed 12 weeks, with no extensions (8 C.F.R. 103.2(b)(8)(iv)).
- Notice of intent to deny (NOID)
- A USCIS notice that it plans to deny and why. The response period may not exceed 30 days, with no extensions (8 C.F.R. 103.2(b)(8)(iv)).
- Form I-290B
- The form for an appeal, a motion to reopen or a motion to reconsider. Due 30 days after the decision, 33 if mailed (8 C.F.R. 103.3(a)(2)(i), 103.5(a)(1)(i), 103.8(b)). No government filing fee on a VAWA I-360 (8 C.F.R. 106.3(b)(6)(iii)).
- Administrative Appeals Office (AAO)
- The USCIS office that hears appeals of VAWA I-360 denials.
- Priority date
- Your place in line for a green card in a category with a waiting list. A priority date from an earlier I-130 the abuser filed can carry to the self-petition, under 8 C.F.R. 204.2(h)(2).
- Immediate relative
- The classification for a spouse of a U.S. citizen. No waiting list.
- F2A
- The second-preference classification for a spouse of a permanent resident. A green card is available only when the priority date is current in the Visa Bulletin, under INA 203(a)(2)(A).
- Deferred action
- A decision not to pursue removal for now. Approved self-petitioners may be considered for deferred action on a case-by-case basis, under USCIS Policy Manual Vol. 3, Part D.
- Employment authorization
- Permission to work. An approved self-petitioner is eligible, under INA 204(a)(1)(K), category (c)(31). Before approval, a person with a pending I-485 may apply under category (c)(9) (3 USCIS-PM D.5(D)(2)).
- Advance parole
- A travel document on Form I-131 for a person with a pending I-485. Since Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), leaving on advance parole is a departure that can trigger the unlawful-presence bars in INA 212(a)(9)(B)(i). Talk to a lawyer before any trip.
- Adjustment of status
- Applying for the green card from inside the United States, on Form I-485. A person with an approved VAWA self-petition may adjust status even without inspection and admission or parole, under INA 245(a).
- Public charge exemption
- VAWA self-petitioners are exempt from the public charge ground and need no Form I-864, under INA 212(a)(4)(E)(i) and 212(a)(4)(C)(i).
Confidentiality and safety
- 8 U.S.C. 1367
- The VAWA confidentiality statute. The immigration agencies may not disclose information about a VAWA, T or U 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, unless the person has been convicted of a crime listed in INA 237(a)(2). Under USCIS Policy Alert PA-2025-34, USCIS does not apply that rule to I-360, I-751 or I-765V denials, and protection ends at naturalization. Nondisclosure ends once an application is denied and all appeals are exhausted. It does not bind state courts or stop anyone from calling ICE, in the firm's reading.
- Protected locations rule
- When enforcement happens at a domestic-violence shelter, a rape crisis center, a supervised visitation center, a family justice center, a victim-services provider, a community-based organization, or a courthouse where you are appearing in a protection-order, custody or other abuse-related case, the Notice to Appear must state compliance with 8 U.S.C. 1367, under INA 239(e).
- Quick Exit
- The button at the top of every page of this site, or Esc twice. It replaces this page with a neutral one. It does not erase your browsing history.
- Safe mailing address
- An address the abuser cannot reach, where notices about your case are sent.
Other paths and court
- Battered-spouse I-751 waiver
- A way for a conditional resident to remove conditions without the abusive spouse, under INA 216(c)(4)(C).
- U visa
- Status for victims of qualifying crimes, including domestic violence, who were helpful to law enforcement, under INA 101(a)(15)(U). The abuser need not be a citizen or permanent resident, and the parties need not be married.
- Form I-918 Supplement B
- The law enforcement certification a U visa requires, under 8 C.F.R. 214.14.
- T visa
- Status for victims of a severe form of trafficking, on Form I-914, under INA 101(a)(15)(T).
- Special Immigrant Juvenile
- A classification for children with a state-court finding of abuse, neglect or abandonment, under INA 101(a)(27)(J).
- VAWA cancellation of removal
- Relief in immigration court under INA 240A(b)(2), for a person battered or subjected to extreme cruelty by a citizen or permanent resident spouse or parent. Requires 3 years of continuous physical presence, good moral character, and extreme hardship to you, your child or your parent. The Notice to Appear does not stop the 3-year clock; a stop-time offense still does (INA 240A(d)(1)).
- VAWA motion to reopen
- A motion to reopen a removal case, filed within 1 year of the final order (waivable in some cases) and not subject to the one-motion limit, under INA 240(c)(7)(C)(iv).
- 237(a)(7) waiver
- A waiver of the domestic violence deportability ground for a person who was battered or subjected to extreme cruelty and was not the primary perpetrator, if the judge also finds self-defense, a violation of a protection order meant to protect them, or a crime with no serious bodily injury connected to the abuse, under INA 237(a)(7).
Extreme hardship: required in court, not for the self-petition
VAWA cancellation in immigration court requires extreme hardship, under INA 240A(b)(2). The self-petition does not. Congress removed extreme hardship from the self-petition in the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386. The regulation at 8 C.F.R. 204.2(c)(1)(i)(G) still prints it. That text is superseded.
Read next: the VAWA self-petition, who qualifies, confidentiality, or the evidence checklist.
Common questions
Is VAWA only for women?
No. Despite the name, the Violence Against Women Act's immigration provisions are written in gender-neutral terms in INA 204(a)(1). Husbands, wives and same-sex spouses can all self-petition, as can abused children and abused parents of adult U.S. citizens.
What is the difference between a self-petition and VAWA cancellation?
A self-petition is filed with USCIS on Form I-360 and does not require extreme hardship. VAWA cancellation of removal is asked for in immigration court under INA 240A(b)(2) and does require extreme hardship to you, your child or your parent, plus 3 years of continuous physical presence.
Who is a qualified alien?
It is a term from federal benefits law. Under 8 U.S.C. 1641(c) and 8 C.F.R. 204.2(c)(6)(i), a self-petitioning spouse or child with a prima facie determination can be 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 the same household. Self-petitioning parents are not covered. It does not mean the petition is approved.
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