If your I-360 is denied
A denial is serious, but it is not always the end. Depending on the reason, the options can include an appeal or a motion on Form I-290B, a new petition with a stronger record, or a different path such as the I-751 waiver or a U visa. An appeal or motion is due 30 days after the decision, 33 if it was mailed, so call us the day the notice arrives.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Read the denial notice once, then put it somewhere safe and call us. Do not wait for a second letter. The notice is the most useful document you have right now, because it says exactly why the officer denied the petition, and what kind of challenge is available.
First: read the reasons
A denial names the elements the officer found missing and tells you of the right to appeal (3 USCIS-PM D.5(D)(3)). For a spouse, the elements are a good-faith marriage, battery or extreme cruelty during the marriage, having lived with the abuser, good moral character, and the abuser's status (INA 204(a)(1)(A)(iii) and (B)(ii); 3 USCIS-PM D.2). The reason shapes everything that follows:
- The evidence was thin. The facts may be there, but the record did not show them. That points toward more evidence, by motion or a new petition.
- The officer read the law or the evidence wrongly. That points toward a challenge to the decision itself.
- A fact changed. A remarriage before approval is a basis for denial (8 C.F.R. 204.2(c)(1)(ii); INA 204(h)). Some facts cannot be fixed in this petition and point toward another door.
The options
On Form I-290B you may file an appeal, a motion to reopen (new facts) or a motion to reconsider (the law or policy was misapplied). A denial does not stop you from filing a new self-petition (3 USCIS-PM D.5(D)(3), D.6(B); 8 C.F.R. 103.3, 103.5). The rules below are stated as of October 2026.
| Option | When it may fit | Deadline |
|---|---|---|
| An appeal | The officer misread the evidence or applied the wrong standard | The complete appeal, with any brief, within 30 days after service of the decision, or 33 days if mailed (8 C.F.R. 103.3(a)(2)(i); 103.8(b)) |
| A motion to reopen or reconsider | There are new facts, or the decision misapplied the law | Within 30 days of the decision, plus 3 if mailed. A late motion to reopen may be excused if the delay was reasonable and beyond your control. A motion does not stay the decision (8 C.F.R. 103.5(a)(1)(i), (iv)) |
| A new petition | The gap can be filled and you are still eligible to file | Depends on your category. A former spouse must file within 2 years after the marriage ended (INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc); 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb)), if the end of the marriage is connected to the abuse; an abused child who turned 21 may file until age 25 if the abuse was at least one central reason for the delay (INA 204(a)(1)(D)(v)) |
| Another door | The self-petition does not fit the facts, or something else fits better | Each has its own rules. See below |
How an appeal works
- Who decides. The USCIS Administrative Appeals Office (AAO) hears appeals of VAWA I-360 denials. The office that denied the petition reviews the appeal first (8 C.F.R. 103.3(a)(2)(ii)). The AAO publishes its non-precedent decisions under the category "I-360 - Petition for Battered or Abused Spouse or Child under VAWA."
- Where it goes. The I-290B is mailed to the address on the Form I-290B page, not to the AAO.
- The fee. No government filing fee for an I-290B on a VAWA I-360: 8 C.F.R. 106.3(b)(6)(iii) exempts VAWA self-petitioners for a benefit request filed before adjustment of status.
- Abandonment denials. If the petition was denied as abandoned because a response or appointment was missed, there is no appeal, but a motion to reopen is available (8 C.F.R. 103.2(b)(15)).
If an approval is later revoked before the green card, USCIS first sends a notice of intent and a chance to respond. An appeal of a revocation is due within 15 days of service, or 18 days if mailed, on Form I-290B (8 C.F.R. 205.2(b)-(d), 103.8(b); 3 USCIS-PM D.6(A)).
Other doors
- The battered-spouse I-751 waiver. If you are a conditional resident, INA 216(c)(4)(C) allows a waiver of the joint filing where you were battered or subjected to extreme cruelty. See the I-751 waiver.
- The U visa. Domestic violence is a qualifying crime, the abuser need not be a citizen or permanent resident, and you need not have been married (INA 101(a)(15)(U)(iii)). It requires helpfulness to law enforcement and a signed certification. See the U visa.
- In immigration court. VAWA cancellation of removal under INA 240A(b)(2) is decided by a judge on its own elements. See VAWA cancellation. With a final order, a VAWA motion to reopen may be filed within 1 year of the final order, with exceptions (INA 240(c)(7)(A), (C)(iv)). See VAWA motion to reopen.
All of these are compared side by side on other paths.
Arrests and new charges
If any arrest or charge played a part in the denial, talk to your criminal lawyer before you write anything new about it. Then read arrested or charged.
Your safety
Keep the denial notice where the abuser cannot find it. Under 8 U.S.C. 1367(a)(2), the government may not disclose information about a VAWA applicant to anyone, with limited exceptions. That protection ends when the denial is final and all opportunities for appeal have been exhausted, so talk to us before that point. See confidentiality. If you are in danger now, call 911.
Read next: RFE and notice of intent to deny, other paths, VAWA in immigration court, or the self-petition overview.
Common questions
How long do I have to challenge a denial?
An appeal, with any brief, is due 30 days after service of the decision, or 33 days if the decision was mailed (8 C.F.R. 103.3(a)(2)(i), 103.8(b)). A motion to reopen or reconsider has the same 30 days, plus 3 if mailed (8 C.F.R. 103.5(a)(1)(i)). As of October 2026. Call us the day the notice arrives and bring the whole notice, including the envelope.
Is there a fee to appeal?
No. As of October 2026, VAWA self-petitioners pay no government filing fee for a Form I-290B filed for a benefit request before adjustment of status, and the I-360 is such a request (8 C.F.R. 106.3(b)(6)(iii)).
Who decides the appeal?
The USCIS Administrative Appeals Office (AAO) hears appeals of VAWA I-360 denials. The office that denied the petition reviews the appeal first, and the I-290B is mailed to the address on the form page, not to the AAO.
Can I just file again?
Sometimes a new petition with the missing proof is the better route. Whether it fits depends on the reason for the denial and on timing rules, such as the two-year window for a former spouse under INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc) and 204(a)(1)(B)(ii)(II)(aa)(CC)(bbb). We review the notice before you decide.
Does a denial mean the abuser will find out?
Under 8 U.S.C. 1367(a)(2), the government may not disclose information about a VAWA applicant to anyone, with limited exceptions. Talk to us about any specific worry, and read our confidentiality page.
I am in immigration court. Does the denial end my case there?
Not necessarily. VAWA cancellation of removal under INA 240A(b)(2) is decided by an immigration judge, on its own elements. If you already have a final order, a VAWA motion to reopen under INA 240(c)(7)(C)(iv) may apply. See our pages on VAWA in immigration court.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
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Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.