After you file
After the self-petition is filed, USCIS sends notices, may make a prima facie determination, may ask for more evidence, and then decides. An approved self-petitioner is eligible for a work permit and may be considered for deferred action on a case-by-case basis. The green card is a separate application that follows.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Filing is not the end of the work, but it changes what the work is. You wait, you keep your copies safe, and you tell us about any change in your life before you act on it. This page walks through what usually happens, in order, and the life events that do and do not affect the petition.
What usually happens, in order
The steps below are stated as of October 2026.
- Acceptance or rejection. An I-360 is properly filed if it is on the current edition, at the correct filing location, with a valid signature; otherwise it is rejected and returned. Generally only one VAWA I-360 is pending at a time; a materially identical duplicate is generally rejected (3 USCIS-PM D.4(A); 8 C.F.R. 103.2(b)(1)). The priority date of a stand-alone I-360 is the date it is properly filed and received (8 C.F.R. 204.1(b)).
- Notices by mail. USCIS sends paper notices to the mailing address on the petition. That is why the address you choose matters. See the safe filing checklist.
- A possible prima facie determination. An early finding that can make a self-petitioning spouse or child 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 (8 U.S.C. 1641(c); 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. See prima facie determination.
- Possibly a request for more evidence, or a notice of intent to deny. Each has a response date printed on it: at most 12 weeks for an RFE and 30 days for a NOID, with no extensions (8 C.F.R. 103.2(b)(8)(iv)). Call us the day it arrives. See RFE and notice of intent to deny.
- Possibly an interview. USCIS may require an interview on any VAWA I-360, at the field office with jurisdiction, possibly together with a pending I-485. Requiring one is not in itself derogatory, and it is non-adversarial (3 USCIS-PM D.5(C)).
- A decision. Approval or denial, by notice. Each element must be shown by a preponderance of the evidence, "more likely than not" (3 USCIS-PM D.5(B)). If it is a denial, see I-360 denied.
Anything you send later needs a translation
Every foreign-language document must come with a full English translation, certified by the translator as complete and accurate, with the translator's certification that they are competent to translate (8 C.F.R. 103.2(b)(3)). That applies to the petition and to every response.
Posted times are on the USCIS processing times page. We do not copy them here. The filing instructions are on the Form I-360 page.
If the petition is approved
- Work. An approved self-petitioner is eligible for employment authorization (INA 204(a)(1)(K)). Before approval, a person with a pending I-485 may apply under category (c)(9) (3 USCIS-PM D.5(D)(2)). See work permit.
- Deferred action. Approved self-petitioners may be considered for deferred action on a case-by-case basis (USCIS Policy Manual Vol. 3, Part D). See deferred action.
- The green card. It is a separate application that follows approval. A person with an approved VAWA self-petition may adjust status even without inspection and admission or parole (INA 245(a); INA 212(a)(6)(A)(ii)). The spouse of a permanent resident (F2A) can adjust only when the priority date is current in the Visa Bulletin (INA 203(a)(2)(A)). See green card after VAWA and the Visa Bulletin for F2A.
There is no government filing fee for the VAWA Form I-360 itself (8 C.F.R. 106.2(a)(17)(ii); Form I-360 instructions). As of October 2026, VAWA self-petitioners and their derivatives also pay no government filing fee for Forms I-131, I-212, I-290B (in limited cases), I-485, I-601, I-601A, I-765 (for the listed categories) and I-824 related to the benefit (8 C.F.R. 106.3(b)(6)). The fee schedule is on uscis.gov, and we check it with you before anything is filed.
Life changes while you wait
| Change | Effect on the petition | Authority |
|---|---|---|
| You divorce the abuser after filing | No effect | INA 204(a)(1)(A)(vi), (B)(v)(I); 8 C.F.R. 204.2(c)(1)(ii) |
| The U.S. citizen abuser dies | Not affected | INA 204(a)(1)(A)(vi); 3 USCIS-PM D.3(D)(1) |
| The permanent resident abuser dies | USCIS may approve in its discretion if you lived in the U.S. at the death and still do | INA 204(l); 3 USCIS-PM D.3(D)(2) |
| You remarry before approval | A basis for denial. Talk to us first | 8 C.F.R. 204.2(c)(1)(ii); INA 204(h) |
| You remarry after approval | Not a basis for revocation | INA 204(h) |
| The permanent resident abuser naturalizes | Converts to immediate-relative classification | INA 204(a)(1)(B)(v) |
| The abuser loses status | Not affected for a spouse or child; a parent is no longer eligible | INA 204(a)(1)(B)(v)(I); 3 USCIS-PM D.3(E)(2) |
| A self-petitioning child marries | Ineligible while married; may remain eligible if the marriage ends before a decision | 3 USCIS-PM D.3(B)(1) |
| A derivative child turns 21 before approval | Treated as a self-petitioner with your priority date | INA 204(a)(1)(D)(i)(III), (D)(ii) |
More on these rules: divorce, remarriage and your case and children on your petition.
While you wait
Keep copies of everything somewhere the abuser cannot reach. Tell us if your safe address or phone changes. If you are arrested or charged, talk to your criminal lawyer before you say or write anything, then read arrested or charged. If the abuser threatens to call immigration, read if the abuser called ICE. If you are in danger now, call 911.
Read next: prima facie determination, RFE and notice of intent to deny, green card after VAWA, or I-360 taking too long.
Common questions
Will the abuser be notified that I filed?
No. Under 8 U.S.C. 1367(a)(2), the government may not disclose information about your petition to anyone, with limited exceptions, and that includes the abuser. The risk is on your side of the mail: notices go to the address you give, so choose a safe one.
Can I get divorced while the petition is pending?
Under 8 C.F.R. 204.2(c)(1)(ii), a divorce after filing does not affect the petition. Remarriage before approval is a basis for denial, so talk to us before you remarry.
What if my green-card-holder spouse becomes a citizen after I file?
Under INA 204(a)(1)(B)(v), the petition converts to the immediate-relative classification. If the permanent resident abuser loses status after you file, the petition is not affected.
Will I have to go to an interview?
Maybe. USCIS may require an interview on any VAWA I-360, at the field office with jurisdiction, possibly together with a pending green card application. Being asked to come in is not in itself a bad sign, and the interview is non-adversarial (3 USCIS-PM D.5(C), as of October 2026).
How long will it take?
We do not publish processing times, because they change and a number on our page would soon be wrong. USCIS posts current times on its processing times page. If your case has gone well past the posted time, see our page on I-360 delays.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
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.