What if my Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is denied?

If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C.

Can A Man File A Petition For Himself Under The Violence Against Women Act?

Yes, VAWA applies equally to victims of either sex.

Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?

Effective Oct. 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions: You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse. Your abusive spouse died within 2 years of filing the petition. Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty. The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision.

Can A Divorced Spouse Seek Relief By Filing A Form I-360?

Yes. Effective Oct. 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child. Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

If you are the beneficiary of a Form I-130, Petition for Alien Relative, filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a Green Card.

VAWA Lawyer in Texas

Legal Advocacy for VAWA Cases in Texas.

When To Reach Out to a VAWA Attorney in Texas

Abuse can put your safety, immigration status, and future at risk. If a spouse, parent, or child has used immigration status to control or harm you, you may have options under federal law. A VAWA lawyer in Texas can help you understand those options and take steps to protect yourself without relying on the abuser.

Andrew T. Thomas, Attorneys at Law, helps individuals and families across Texas with VAWA self-petitions and related immigration matters. Our team assists with filings, supporting records, and legal issues that may affect the case. We know these situations are deeply personal, and we work to make the process easier to understand.

Because VAWA cases often involve sensitive facts and strict requirements, early legal guidance can be important. If you believe you qualify, contact us to discuss your situation and the next steps.

What VAWA Means in Immigration Cases

The Violence Against Women Act, or VAWA, allows certain noncitizens who have suffered battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member to seek immigration relief on their own. This may apply to abuse by a spouse, former spouse, parent, or certain sons or daughters.

A key part of VAWA is that an eligible person may file Form I-360 without the abusive family member’s knowledge or consent. If the self-petition is approved and other requirements are met, the person may be able to apply for lawful permanent resident status.

Because your case may involve sensitive facts, family history, and immigration records, careful preparation is important. Our team can help you understand the requirements, gather supporting evidence, and address issues that may affect your eligibility.

Benefits of a VAWA Self-Petition

A VAWA self-petition can provide important protection and a path toward greater independence. Potential benefits may include:

The Ability to Self-Petition: You may be able to seek immigration relief on your own without relying on the abusive family member.
More Privacy: You may be able to file Form I-360 without the abusive family member’s knowledge or consent.
More Independence: VAWA can help you move forward without staying dependent on the abuser for immigration benefits.
A Path Toward a Green Card: If the self-petition is approved and you meet other requirements, you may be able to apply for lawful permanent resident status.
Possible Work Authorization: Depending on your case and its stage, work authorization may be available.
Protection Despite Certain Immigration Issues: Some VAWA self-petitioners may be exempt from certain bars to adjustment of status.
Possible Access to Waivers or Other Relief: If admissibility issues apply, some applicants may still qualify for a waiver or another form of relief.
A Safer Path Forward: VAWA can help eligible survivors pursue legal status as they move toward greater stability and security.

Every case is different. Your relationship, immigration history, and eligibility for adjustment of status can affect what options may be available.

Who May Qualify for VAWA?

You may qualify for a VAWA self-petition if you were subjected to battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member. This may include:

a spouse or former spouse of a U.S. citizen
a spouse or former spouse of a lawful permanent resident
a child of a U.S. citizen
a child of a lawful permanent resident
a parent of a U.S. citizen son or daughter who is 21 or older

If you qualify, you may be able to file for immigration relief on your own without the abusive family member’s knowledge or consent.

How We Can Help With Your VAWA Case

A VAWA case can involve several moving parts. You may need to show a qualifying family relationship, gather records, explain the abuse, and address immigration issues that could affect your options. Because these cases are personal and often stressful, careful preparation matters.

Andrew T. Thomas, Attorneys at Law, helps individuals across Texas with VAWA self-petitions and related immigration matters. Our team guides clients through the process, explains what may be required, and helps them prepare for each stage.

We may be able to help by:

Reviewing Your Eligibility: We look at your relationship, immigration history, and other facts that may affect whether you qualify.
Preparing the Self-Petition: We help prepare Form I-360 and organize the records needed to support your case.
Gathering Supporting Evidence: We help you collect documents and other evidence that may show abuse, the qualifying relationship, and your eligibility.
Addressing Immigration Concerns: If your case involves prior immigration issues, admissibility concerns, or adjustment questions, we can explain how they may affect your options.
Helping With the Next Step: If your self-petition is approved, we can help you determine whether you may be able to proceed with an adjustment of status or other relief.

Applying under VAWA can be an important step toward greater safety and stability. Legal guidance can help you move through the process with better preparation and a clearer understanding of what comes next.

Why Families Across Texas Turn to Us

When abuse and immigration concerns overlap, you need a legal team that will treat your situation with care and explain your options in a way that makes sense. You also need support from people who understand how much may be at stake for your safety, status, and future.

Andrew T. Thomas, Attorneys at Law, helps individuals and families across Texas with immigration matters, including VAWA self-petitions. With offices in Dallas and Houston, our team works with people facing sensitive legal and personal challenges, and we take time to understand each client’s situation.

Immigration Guidance Backed by Broad Experience

Our team of VAWA lawyers handles VAWA matters, as well as green cards, family petitions, waivers, adjustment of status, and other immigration issues. That broader background can be helpful when a VAWA case raises multiple legal concerns.

A Personal Approach to Sensitive Matters

No two cases are the same. Some people need help proving the qualifying relationship. Others have questions about evidence, immigration history, or what happens after filing. We take time to understand your circumstances and guide you based on the facts of your case.

Clear Communication From Start to Finish

These cases can feel overwhelming. We explain the process in plain language, answer questions, and help clients stay prepared for each step. Our team also offers support in English and Spanish.

Focused on Your Safety and Future

A VAWA case can affect your ability to remain in the United States, support yourself, and move toward a more stable future. We work hard to help clients pursue immigration relief with care and close attention to detail.

Trusted by Clients Across Texas

Many clients turn to us for help with important immigration matters. They often speak about the communication, support, and steady guidance they received throughout the process.

What To Expect During the VAWA Process

The VAWA process often includes several important steps:

Reviewing Your Situation: We begin by looking at your relationship, immigration history, and the facts that may affect your case.
Preparing the Self-Petition: We help prepare Form I-360 and organize the records needed to support the filing.
Gathering Supporting Evidence: You may need documents that show the qualifying relationship, the abuse, and other facts tied to your eligibility.
Responding to USCIS Requests: If USCIS requests additional information, we can help you understand the request and prepare a response.
Taking the Next Step: If the self-petition is approved and you qualify, you may be able to move forward with an adjustment of status or other relief.

Our team helps individuals across Texas prepare for each step of the VAWA process and better understand what may come next.

Start Your Path Forward With Andrew T. Thomas, Attorneys at Law

If you are living with abuse and immigration uncertainty, taking the next step can feel overwhelming. You may be worried about your safety, your status, and what could happen if you try to move forward on your own. You do not have to face that process alone.

Andrew T. Thomas, Attorneys at Law, helps individuals across Texas with VAWA self-petitions and related immigration matters. If you believe you may qualify or have questions about your options, contact us today for a free consultation. We can discuss your situation, explain the next steps, and help you move forward with more support and a clearer path ahead.

Self Petition

VAWA Self Petition for Green Card immigrants (women, men and children) who have been victims of domestic violence

Battered Spouse Waiver

Where a person obtains a green card through marriage, the immigrant receives a two-year conditional green card

Frequently Asked Questions

What Is a VAWA Self-Petition?

A VAWA self-petition allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to seek immigration relief on their own by filing Form I-360. They may do this without the abusive family member’s knowledge or consent.

Who May Qualify for VAWA?

You may qualify if you suffered battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member. This can include certain spouses, children, and parents.

Can You Apply for a Green Card Through VAWA?

In many cases, yes. If the self-petition is approved and you meet the other eligibility rules, you may be able to apply for lawful permanent resident status.

Can You Work While a VAWA Case Is Pending?

Work authorization may be available, depending on your case and the stage of the process. USCIS lists employment authorization among the documents and benefits that may be available in VAWA-based cases.

What Evidence Can Help Support a VAWA Case?

A VAWA case often needs evidence of the qualifying relationship, the abuse, and other facts tied to eligibility. USCIS says the self-petition must be filed with supporting evidence that matches the form instructions.

VAWA Lawyer in Texas

When To Reach Out to a VAWA Attorney in Texas

What VAWA Means in Immigration Cases

Benefits of a VAWA Self-Petition

Who May Qualify for VAWA?

How We Can Help With Your VAWA Case

Why Families Across Texas Turn to Us