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Battery or extreme cruelty

What counts as abuse for VAWA

The law covers battery or extreme cruelty. That includes violence, but also threats, isolation, control of money and documents, and other conduct used to gain or keep power and control over you. It happens to women and to men. Here are twelve examples of what it can look like.

Current as of October 2026. We re-check this page every quarter and after any change in the law.

Every example below is drawn from what the law describes. Whether your experience is battery or extreme cruelty depends on the whole relationship, not one moment. The regulation covers any act or threatened act of violence, including forceful detention, psychological or sexual abuse or exploitation, and acts that may not initially appear violent but are part of an overall pattern of violence, 8 C.F.R. 204.2(c)(1)(vi). Since December 22, 2025, USCIS also asks whether the conduct reflects an intent to gain or keep power and control, 3 USCIS-PM D.2(E)(1). The examples show women and men, because abuse does not depend on gender.

A woman sits alone on an apartment staircase at night, holding back tears, a faint bruise on her arm
Physical

Hitting, shoving, or threatening to

Any act or threatened act of violence, including holding you so you cannot leave.

8 C.F.R. 204.2(c)(1)(vi)

A man holds up his phone threateningly toward his partner, who sits on the sofa pleading
Threats

“I’ll call immigration on you”

Using your status as a weapon to keep you afraid and obedient can be part of a pattern of control.

3 USCIS-PM D.2(E)(1)

A man holds a woman's passport and green card above his head, out of her reach
Documents

Taking your passport or green card

Keeping your papers from you is a common way abusers control a spouse who depends on them for status.

3 USCIS-PM D.2(E)(1)

A woman blocks the front door, holding her husband's car keys and phone out of his reach
Isolation

Keeping you in, cutting you off

Taking your keys or phone, keeping you from family or friends. Forced confinement or isolation is on the Policy Manual’s list.

3 USCIS-PM D.2(E)(1)

A man takes a paycheck envelope and bank card from a woman as she comes home from work
Money

Controlling every dollar

Taking your pay, your cards, or keeping you from working, so leaving feels impossible.

3 USCIS-PM D.2(E)(1)

A woman scrolls through her partner's phone while he sits anxiously nearby
Monitoring

Reading your phone, tracking you

Checking every message, tracking where you go, demanding passwords: surveillance used for control.

3 USCIS-PM D.2(E)(1)

A woman holds a man's passport behind her back and points at him while he sits at the table, humiliated
Humiliation

Constant insults and degradation

Psychological abuse that wears you down, often combined with control of your papers.

8 C.F.R. 204.2(c)(1)(vi)

A man tears an immigration form in half while a frightened woman watches from the couch
Papers

Tearing up or withdrawing your petition

Destroying your forms or withdrawing a petition filed for you. You can file your own.

INA 204(a)(1)(A)(iii)

A woman shouts at her husband in the kitchen while he backs away, a broken plate on the floor
Intimidation

Rage, smashing things, fear

Acts that may not look violent on their own but are part of an overall pattern of violence.

8 C.F.R. 204.2(c)(1)(vi)

A man waves papers at a distressed woman, threatening to take the children
Children

Threatening to take the children

Using the children, or threats about custody and deportation, to keep you from leaving.

3 USCIS-PM D.2(E)(1)

An adult son leans over the kitchen table shouting at his frightened older mother
Parents

An adult child abusing a parent

A parent abused by a U.S. citizen son or daughter who is 21 or older can self-petition.

INA 204(a)(1)(A)(vii)

A man locks passports and immigration papers in a desk drawer while a woman watches
Control

Locking away what is yours

Physical control over your things, your movements, your food or medical care.

3 USCIS-PM D.2(E)(1)

What USCIS looks for

No single item above proves a case, and none is required. USCIS decides on the whole record, case by case, and must consider any credible evidence, INA 204(a)(1)(J). The Policy Manual says hurtful conduct alone, or adverse interactions of limited severity, is not enough for extreme cruelty; the conduct must reflect an intent to gain or maintain power and control, 3 USCIS-PM D.2(E)(1). Abuse by someone else in the family counts only if the citizen or permanent resident willfully condoned or took part in it.

For a spouse, the abuse must have happened during the marriage. For VAWA in immigration court, see VAWA with USCIS or in court.

If any of this is happening now

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788. When it is safe, ask us for a private call back.

Read next: battery or extreme cruelty, abuse without violence, evidence when you have nothing, or the eligibility questionnaire.

Common questions

Does one bad argument count as abuse?

Usually not on its own. Under the USCIS Policy Manual as revised on December 22, 2025, hurtful conduct alone, or adverse interactions of limited severity, is not enough for extreme cruelty. The conduct must reflect an intent to gain or maintain power and control. USCIS looks at the whole relationship, case by case. 3 USCIS-PM D.2(E)(1).

Can a man be a victim of abuse under VAWA?

Yes. The self-petition is written for any spouse, child or parent, of any gender, and the abuser can be any gender. The same rules and the same evidence apply.

I was never hit. Do I still have a case?

Possibly. Battery is one route; extreme cruelty is the other. The regulation at 8 C.F.R. 204.2(c)(1)(vi) includes psychological or sexual abuse and acts that may not appear violent but are part of an overall pattern of violence. The Policy Manual lists forced confinement or isolation, physical control, and denying access to food, family or medical care among its examples.

Does the abuse have to be reported to the police?

No. USCIS must consider any credible evidence, INA 204(a)(1)(J). Your own detailed account, supported by whatever exists, such as messages, counseling notes, or statements from people who saw what happened, can carry a case.

What if someone else in the family did it?

Abuse by a third party counts only if the citizen or permanent resident abuser willfully condoned or took part in it, under the Policy Manual. 3 USCIS-PM D.2(E)(1).

Reviewed by Mikhail Usher, Esq. Mr. Usher is the managing attorney of Usher Law Group, P.C. and is admitted in New York, New Jersey and Florida. He reviewed this page on October 26, 2026. This page explains the law in general terms and is not legal advice about your case.
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