Eligibility requirements for a spouse:

• Qualifying spousal relationship:

  • You are married to a U.S. citizen abuser; or

  • Your marriage to the abuser was terminated by death or a divorce within the two years prior to filing; or

  • Your spouse lost or renounced citizenship status within the two years prior to filing due to an incident of domestic violence, or

  • You believed that you were legally married to your abusive U.S. citizen spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

• You or your child have suffered battery/extreme cruelty by your U.S. citizen spouse:

• You have been abused by your U.S. citizen, or

• Your child has been subjected to battery or extreme cruelty by your U.S. citizen spouse.

• You entered into the marriage in good faith, not solely for immigration benefits;

• You have resided with your spouse; and

• You are a person of good moral character.

Eligibility requirements for a child:

• Qualifying parent/child relationship:

  • You are the child of a U.S. citizen abuser; or

  • You are the child of a U.S. citizen who lost citizenship status due to an incident of domestic violence.

• You have suffered battery/extreme cruelty by your U.S. citizen parent;

• You have resided with your abusive parent; and

• You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.

Eligibility requirements for a parent:

• Qualifying parent/son or daughter relationship:

  • You are the parent of a U.S. citizen who is at least 21 years of age when the self-petition is filed; or

  • You are the parent of a U.S. citizen who lost or renounced citizenship status related to an incident of domestic violence; or

  • You are the parent of a U.S. citizen who was at least 21 years of age and who died within two years prior to filing.

• You have suffered battery/extreme cruelty by your U.S. citizen child;

• You have resided with the abusive child; and

• You are a person of good moral character.

To self-petition as an abused spouse, child, or parent you must:

• Complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (checking box 2i or 2j on the form). Review the form instructions for directions on completing the Form I‑360.

• Submit Evidence. Include all documentation required to show relationship to the abusive family member and proof of their U.S. citizenship.

• Sign and File the Form I-360. File the application at the correct filing location according to form instructions.

Note: Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). For more information, visit the National Domestic Violence website.

Once USCIS receives your Form I-360, we will process your application and then you will:

• Receive a receipt notice of your Form I-360 petition.

• Receive a Prima Facie Determination notice that will be valid for 150 days, providing you certain public benefits to certain victims of domestic violence.

• Received a written decision of approval or denial of your Form I-360.

• Be placed in deferred action if you do not have legal immigration status in the United States.

To apply to work in the United States with an approved Form I-360, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center.

If your Form I-360 is approved, you and your children listed on your Form I-360 may be eligible to file for a Green Card (Permanent Resident Card). For information about filing for a Green Card see the Immigration Options for Victims of Crimes Brochure.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, no filing fee

A filing fee may be required for other classifications. Please refer to the Form I-360 instructions.