Form I-360: VAWA Self-Petition / Widow(er) Petition

A Path to Independence and Protection for Eligible Immigrants

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is a powerful immigration option for certain individuals who need to file for lawful permanent residency without relying on an abusive family member or in cases where a U.S. citizen spouse has passed away.

Through I-360, eligible individuals may self-petition under the Violence Against Women Act (VAWA) or apply as a widow or widower of a U.S. citizen. This provides a safe, independent route to permanent residence when facing abuse, violence, or the loss of a loved one.

✅ Who Can File Form I-360?

Form I-360 covers several categories, but two of the most widely used are:

1️⃣ VAWA Self-Petitioners

Under the Violence Against Women Act (VAWA), certain abused family members of U.S. citizens or lawful permanent residents can file for themselves without the abuser’s knowledge or consent. Eligible self-petitioners include:

✅ Spouse of a U.S. citizen or green card holder who has suffered battery or extreme cruelty.
✅ Child (unmarried and under 21) of an abusive U.S. citizen or green card holder.
✅ Parent of a U.S. citizen child (21 or older) who has subjected the parent to battery or extreme cruelty.

Note: Despite the name, VAWA protection is available to all genders — not just women.

2️⃣ Widow(er) of a U.S. Citizen

If you were married to a U.S. citizen who died, you may be eligible to self-petition as a widow(er) if:

✅ You were legally married to a U.S. citizen at the time of their death.
✅ You file Form I-360 within two years of your spouse’s death.
✅ You did not remarry before obtaining lawful permanent residence.
✅ You can prove the marriage was genuine (bona fide).
✅ You were not legally separated or divorced at the time of death.

✅ How the I-360 Process Works

Step 1 — File Form I-360: Submit your self-petition to USCIS along with evidence showing eligibility:

• For VAWA: Proof of abuse, relationship, and good moral character.

• For widow(er): Proof of your late spouse’s citizenship, your marriage, and that the marriage was genuine.

Step 2 — Wait for Approval: Once approved, you become eligible to apply for a green card (lawful permanent residency).

Step 3 — Adjustment of Status or Consular Processing:

• If you are in the U.S., you may file Form I-485 to adjust status.

• If you are outside the U.S., you can complete the process at a U.S. consulate in your home country.

✅ Benefits of the I-360 VAWA / Widow(er) Petition

✅ Provides a pathway to lawful permanent residence without relying on the abuser’s participation or consent.
✅ Offers safety and independence to survivors of domestic violence.
✅ Protects widows and widowers who would otherwise lose eligibility after a spouse’s death.
✅ May include eligible children as derivative beneficiaries.
✅ Qualifies you for work authorization and certain public benefits while your petition is pending.