Key points
- A VAWA self-petition lets certain abused spouses, children and parents of U.S. citizens or permanent residents apply without the abuser's knowledge, consent or participation.[1]
- The U visa is for victims of qualifying crimes who suffered substantial physical or mental abuse and have been, are, or are likely to be helpful to law enforcement, with a signed certification.[2][3]
- Asylum is for people who fear persecution in their home country on account of race, religion, nationality, membership in a particular social group or political opinion.[4]
- Federal law limits how immigration officials may use information from an abuser and bars disclosure of information about VAWA, U and T applicants, with limited exceptions.[5]
If you are in immediate danger, call 911. The National Domestic Violence Hotline is free, confidential and available 24/7: call 1.800.799.SAFE (7233), text "START" to 88788, or chat live at thehotline.org.[6] If someone may check your phone or browser history, read this on a device they cannot access.
Three different protections may help a person harmed by abuse or by a crime, and they are built for different situations. A VAWA self-petition is for certain spouses, children and parents abused by a U.S. citizen or permanent resident family member, and is filed without the abuser's involvement.[1] A U visa is for victims of qualifying crimes who suffered substantial abuse and help law enforcement.[2] Asylum is for people who fear persecution in their home country on a protected ground.[4] Some people may fit more than one, and the facts decide which.
VAWA, U visa and asylum side by side
| VAWA self-petition | U visa | Asylum | |
|---|---|---|---|
| Who it is for | Spouses and children of U.S. citizens and permanent residents, and parents of U.S. citizens who are 21 or older.[1] | Victims of qualifying criminal activity who suffered substantial physical or mental abuse.[2] | Refugees: people who fear persecution on account of race, religion, nationality, particular social group or political opinion.[4] |
| Who caused the harm | The U.S. citizen or permanent resident relative, through battery or extreme cruelty.[1] | Anyone committing a qualifying crime that occurred in the United States or violated U.S. law.[2] | Persecution connected to a protected ground, which must be at least one central reason.[7] |
| Helping law enforcement | Not among the requirements USCIS lists.[1] | Required, with a signed certification on Form I-918 Supplement B.[8][3] | Not part of the refugee definition.[4] |
| Main form | Form I-360, with no fee for VAWA self-petitioners.[1] | Form I-918, with Supplement B.[3] | Form I-589.[9] |
| Toward a green card | An approved I-360 gives immigrant classification, so you may apply for a green card.[1] | Ask a lawyer about the later green card rules. | Asylees may apply after at least one year of physical presence following the grant, among other requirements.[10] |
VAWA self-petition
With the Violence Against Women Act of 1994 and its reauthorizations, Congress let noncitizens abused by a U.S. citizen or permanent resident relative petition for themselves, without the abuser's knowledge, consent or participation.[1] Spouses and children of citizens and permanent residents, and parents of U.S. citizens who are 21 or older, may file.[1] Despite the law's name, the groups USCIS lists are defined by family relationship, not by gender.
USCIS lists the main requirements:[1]
- A qualifying relationship with the abusive U.S. citizen or permanent resident relative.
- Battery or extreme cruelty by that relative during the relationship.
- Having lived with the abusive relative at some point.
- Good moral character.
- For a spouse, a marriage entered in good faith and not to get around the immigration laws.
The statute frames the spouse case the same way: a good-faith marriage, and battery or extreme cruelty during the marriage against the person or their child.[11] The petition is filed on Form I-360, with no fee for a VAWA self-petitioner. An approval gives immigrant classification, not status by itself, so that the person may then apply for a green card.[1] A person with an approved I-360 is also eligible to apply for work authorization.[1]
U visa
The U category covers a person who suffered substantial physical or mental abuse as a victim of qualifying criminal activity, has information about it, and has been, is being, or is likely to be helpful to the authorities investigating or prosecuting it. The crime must have violated U.S. law or occurred in the United States.[2]
Qualifying crimes include, among others, domestic violence, sexual assault, rape, stalking, kidnapping, trafficking, extortion, felonious assault, witness tampering and obstruction of justice, any similar activity, and attempts, conspiracies or solicitation to commit them.[12]
The petition must contain a certification from a law enforcement official, prosecutor, judge or other authority investigating the crime.[8] USCIS says this is Form I-918 Supplement B, signed by an authorized official who confirms that the victim was, is, or is likely to be helpful.[3] USCIS also lists admissibility, with a waiver application available for people who are not admissible.[3]
No more than 10,000 principal U visas may be granted a year, and family members do not count toward that cap. When the cap is reached, USCIS keeps a waiting list; people on it are granted deferred action or parole and may apply for work authorization while they wait.[13]
Asylum
Asylum protects a person who is unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.[4] One of those grounds must be at least one central reason for the harm.[7] It looks at the danger in your home country, and it generally has to be filed within one year of arrival, with exceptions.[14][15]
Asylum, withholding and CAT compared explains asylum and the related protections in detail, and the one-year asylum filing deadline explains the exceptions.
Confidentiality
Fear that an abuser will find out keeps many people from asking for help. Federal law addresses this in two ways. Immigration officials may not make an adverse admissibility or deportability decision using information furnished only by an abusive spouse or parent, among others. And they may not disclose information about a person who has applied for VAWA, U or T relief, except for limited official purposes.[5]
Which option fits?
- The abuser is your U.S. citizen or permanent resident spouse, parent, or adult U.S. citizen child: start with VAWA.[1]
- You were the victim of a qualifying crime in the United States and have helped, or are willing to help, the police or prosecutors: the U visa may fit.[2][12]
- You fear persecution if you return to your home country: look at asylum and the related protections, and mind the one-year rule.[4][14]
- More than one applies: the facts, your family members, and timing decide which to pursue first. Get advice before you file anything.
If cost is a barrier, free and low-cost immigration legal help lists non-profit options. Joya Law Firm describes its VAWA self-petition work on its VAWA page.
Common questions
Does my abuser have to know about or sign my VAWA petition?
No. USCIS says a VAWA self-petition is filed without the abuser's knowledge, consent or participation in the immigration process.[1]
Do I have to help the police to get a U visa?
Helpfulness is part of the definition: the victim has been, is being, or is likely to be helpful to the authorities investigating or prosecuting the crime.[2] The petition must include a certification, Form I-918 Supplement B, signed by an authorized official of the certifying agency.[8][3]
Will immigration officials tell my abuser that I applied?
Federal law bars officials from using or disclosing information about a person who applied for VAWA, U or T relief, except for limited purposes, and from making certain adverse decisions based only on information from an abusive spouse or parent.[5] USCIS's VAWA page points to the same confidentiality law.[1]
Is there a fee for a VAWA self-petition?
USCIS says there is no fee to file Form I-360 as a VAWA self-petitioner.[1] Later steps, such as applying for a green card, have their own rules; check the USCIS fee schedule, Form G-1055.[16]
Is there a limit on U visas?
Yes. No more than 10,000 principal U visas may be granted each year; family members are not counted toward that cap. When the cap is reached, USCIS keeps a waiting list and grants deferred action or parole to people on it, who may apply for work authorization.[13]
Sources
- USCIS, Abused Spouses, Children and Parents — uscis.gov
- 8 U.S.C. § 1101(a)(15)(U)(i) — Legal Information Institute, Cornell Law School
- USCIS, Victims of Criminal Activity: U Nonimmigrant Status — uscis.gov
- 8 U.S.C. § 1101(a)(42)(A) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1367(a) — Legal Information Institute, Cornell Law School
- National Domestic Violence Hotline (thehotline.org) — thehotline.org
- 8 U.S.C. § 1158(b)(1)(B)(i)-(ii) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1184(p)(1); USCIS, Victims of Criminal Activity: U Nonimmigrant Status — Legal Information Institute, Cornell Law School
- USCIS, Obtaining Asylum in the United States — uscis.gov
- 8 U.S.C. § 1159(b) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1154(a)(1)(A)(iii) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1101(a)(15)(U)(iii) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1184(p)(2); USCIS, Victims of Criminal Activity: U Nonimmigrant Status — uscis.gov
- 8 U.S.C. § 1158(a)(2)(B) — Legal Information Institute, Cornell Law School
- 8 U.S.C. § 1158(a)(2)(D) — Legal Information Institute, Cornell Law School
- USCIS, Form G-1055, Fee Schedule — uscis.gov