Other paths when the self-petition does not fit
The VAWA self-petition is not the only way out. If you already have a conditional green card, if the person hurting you is not a citizen or green card holder, if you were never married, or if you are already in immigration court, a different door may open. This page compares them side by side and links to each one.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Start with the question the path finder asks: who is hurting you, and what is their status? If the answer is a U.S. citizen or green card holder spouse, parent or adult son or daughter, the VAWA self-petition is usually the first door, and it is filed without the abuser's knowledge, signature or permission. This page is for everyone the self-petition does not reach, or reaches less well than something else.
None of these paths requires you to stay in the home, to leave it, or to get a protective order. Each one asks for different proof. A safety plan is a separate thing, made with an advocate, and we work around it.
The four main doors, compared
The self-petition and the I-751 waiver are filed with USCIS. The U visa is decided by USCIS alone. VAWA cancellation is decided by an immigration judge, and only in removal proceedings. Scroll the table sideways on a phone.
| Question | VAWA self-petition | I-751 abuse waiver | U visa | VAWA cancellation |
|---|---|---|---|---|
| Who abused you | A U.S. citizen or green card holder spouse or parent, or a U.S. citizen son or daughter who is at least 21. INA 204(a)(1) | The spouse whose marriage gave you conditional residence, during the marriage; abuse of your child counts too. INA 216(c)(4)(C) | Anyone. The abuser need not be a citizen or resident, and you need not have been married. INA 101(a)(15)(U)(iii) | A spouse or parent who is or was a U.S. citizen or green card holder, or you are the parent of a child abused by such a parent. INA 240A(b)(2) |
| Who decides | USCIS, on Form I-360 | USCIS first; an immigration judge can review a denial. Matter of Stowers, 22 I&N Dec. 605 (BIA 1999) | USCIS only, on Form I-918. INA 214(p); 8 C.F.R. 214.14 | An immigration judge, on Form EOIR-42B, in removal proceedings |
| Police certification | Not required. USCIS considers any credible evidence. INA 204(a)(1)(J) | Not required | Required: you were helpful to law enforcement, and a certification on Form I-918 Supplement B is filed | Not required. A police report helps but is not needed |
| Timing | A former spouse files within 2 years after the marriage ended, with a connection to the abuse. INA 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc) | Any time after conditional residence is granted, including after divorce, and before a final order of removal. 8 C.F.R. 216.5(a), (e)(3)(ii); USCIS Policy Manual Vol. 6, Part I, ch. 5 | A cap of 10,000 principal visas a year means a wait. INA 214(p) | 3 years of continuous physical presence. A cap of 4,000 grants a year. INA 240A(b)(2), (e) |
| Extreme hardship | Not an element. Removed by Congress in 2000 | A separate question; the abuse basis is covered on the I-751 page | The other U visa requirements are covered on the U visa page | Required, to you, your child or your parent |
| Where it leads | Immediate-relative or F2A classification, then a green card. INA 245(a) | The conditions come off; permanent residence continues | A green card after 3 years of continuous physical presence. INA 245(m) | The judge cancels removal and grants permanent residence |
The government filing fee for Form EOIR-42B is $1,640 as of September 2026 ($100 to EOIR plus $1,540 added by the 2025 reconciliation law, for filings postmarked on or after February 1, 2026), plus a $30 biometrics fee. That is not our legal fee. The EOIR forms and fees page is the source. For USCIS forms, check the form page on uscis.gov before you file.
Already have a two-year green card
If your green card came through the marriage and is conditional, the battered-spouse I-751 waiver under INA 216(c)(4)(C) asks USCIS to remove the conditions without your spouse joining the filing. It can be requested at any time after conditional residence is granted, and after a divorce, as long as it is filed before a final order of removal (USCIS Policy Manual Vol. 6, Part I, ch. 5; 8 C.F.R. 216.5(a), (e)(3)(ii)).
The abuser is not a citizen or resident, or you never married
The U visa is the door VAWA cannot open. Domestic violence is a qualifying crime under INA 101(a)(15)(U)(iii). The abuser can have any status or none, and the relationship does not have to be a marriage. The hard part is the law enforcement certification, and after approval comes the road to a green card under INA 245(m).
When the abuse may have been trafficking
Sometimes what happened in a home is trafficking, and nobody called it that. The T visa under INA 101(a)(15)(T) is for victims of a severe form of trafficking in persons, on Form I-914, with a cap of 5,000 a year.
A child abused or abandoned by a parent
A child may have a VAWA self-petition of their own if the abusive parent is a citizen or resident. A child with a state-court finding of abuse, neglect or abandonment may also qualify as a Special Immigrant Juvenile under INA 101(a)(27)(J) and 8 C.F.R. 204.11.
Fear of returning because of domestic violence
Asylum based on domestic violence is a separate and shifting area of law. We do not analyze it on this site. This short page explains why and where we cover it.
Already in immigration court
If you have a Notice to Appear or a removal order, two things change. The judge can grant VAWA cancellation of removal, and a VAWA motion to reopen has its own deadline, and the usual one-motion limit does not prevent one. The court section starts at VAWA in immigration court.
Extreme hardship: the self-petition and the court are different
8 C.F.R. 204.2(c)(1)(i)(G) still prints extreme hardship as a self-petition requirement. Congress removed it from the statute in 2000 (Pub. L. 106-386, sec. 1503). For the self-petition, it is not an element. For VAWA cancellation in court under INA 240A(b)(2), it is. Many websites mix the two up.
Every page in this section
- The battered-spouse I-751 waiver
- The U visa for domestic violence
- Getting the U visa certification
- From U visa to green card
- The T visa
- Special Immigrant Juvenile status for abused children
- Asylum and domestic violence
When there is no abuse and both spouses file the I-751 together, the ordinary petition is on our family immigration site.
Removing conditions jointly →
asylumadvocate.comAsylum, withholding of removal and protection under the Convention Against Torture are covered on our asylum site.
Asylum eligibility →
Read next: the VAWA self-petition, find your path, VAWA in immigration court, or how your information is protected.
Common questions
The person hurting me is not a citizen or green card holder. Is there anything for me?
Possibly. 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 under INA 101(a)(15)(U)(iii), the abuser need not be a citizen or resident, and the two of you need not have been married. You must have been helpful to law enforcement, and a certification on Form I-918 Supplement B is required.
I have a two-year green card through my marriage. Do I file a VAWA self-petition?
Usually the first question is the I-751 waiver. INA 216(c)(4)(C) lets a conditional resident who was battered or subjected to extreme cruelty ask to remove the conditions without the spouse joining the filing. Under 8 C.F.R. 216.5 it can be filed at any time after conditional residence is granted, including after a divorce, and before a final order of removal. We look at both options before choosing.
Can I pursue more than one of these at once?
Often, yes. A person in immigration court may have a self-petition pending with USCIS and a VAWA cancellation application before the judge at the same time, and a U visa petition can sit alongside either. Each has its own requirements, and which ones fit is decided at the consultation.
Is extreme hardship required?
It depends on the door. For the VAWA self-petition, Congress removed extreme hardship from the statute in 2000. For VAWA cancellation of removal in immigration court under INA 240A(b)(2), extreme hardship to you, your child or your parent is an element. Keep the two separate when you read anything else online.
The lawyers who will handle your case
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