The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations amended the Immigration and Nationality Act (INA) to allow abused spouses and children of U.S. citizens and lawful permanent residents (LPRs) and abused parents of U.S. citizen sons and daughters 21 years of age or older to file their own self-petition for immigrant classification.^[1] Aliens filing self-petitions are referred to as VAWA self-petitioners or self-petitioners in this part.^[2]

The VAWA self-petition is filed on the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).^[3] An approved Form I-360 provides self-petitioners with immigrant classification as either immediate relatives or under a family-based preference category and allows them to apply for LPR status.^[4]

A. General Overview of Eligibility Requirements

Self-petitioners must file a Form I-360 and submit evidence to establish, by a preponderance of the evidence, that he or she meets the general eligibility requirements outlined in the table below.^[5]

General Evidentiary Requirements^[8]

The burden of proof to establish eligibility is on the self-petitioner. USCIS considers any credible evidence a self-petitioner submits to establish eligibility. However, the determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS.^[9] The any credible evidence provision applies to the type or form of evidence officers must consider or may require. In general, USCIS affords more weight to evidence that is detailed, specific, and reliable. For each eligibility requirement, self-petitioners must submit sufficient relevant, probative, and credible evidence to establish that the claim is “more likely than not” or “probably” true, unless a higher standard is required by law. USCIS has the discretion to issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) and may do so if the evidence submitted lacks detail, probative value, or is insufficient to establish eligibility.^[10]

USCIS is not required to make any showing of ineligibility until the alien has first shown that he or she is eligible.^[11] USCIS officers use common sense judgment, as well as specialized experience and training, to assess credibility, weigh evidence, evaluate competing evidence, and draw reasonable inferences as appropriate to make eligibility determinations.

USCIS must examine each piece of evidence for relevance, probative value, and credibility, both individually and within the context of the totality of the evidence, to determine whether eligibility has been established.^[12] This includes evaluating factors such as, but not limited to, whether the evidence is consistent, sufficiently detailed, and corroborated.

Doubt cast on a particular aspect of the evidence may lead to the reevaluation of the reliability and sufficiency of the remaining evidence. Personal statements may be insufficient to resolve discrepancies in the record if those statements are deemed unreliable.

As with all petitions and applications for an immigration benefit, a self-petitioner must remain eligible to receive a benefit under VAWA at the time of filing through final adjudication.^[13] Also, VAWA self-petitioners may generally only submit one VAWA Form I-360 at a time. If USCIS discovers multiple, materially identical pending VAWA Form I-360 submissions from the same self-petitioner, USCIS generally rejects the duplicative filing or filings as a matter of discretion.^[14] USCIS will adjudicate the first filed petition.^[15]

B. Qualifying Relationship

Self-petitioners must demonstrate a qualifying relationship to an abusive U.S. citizen or LPR to be eligible for VAWA benefits.^[16] Self-petitioners who have a qualifying relationship include:

1. An abused spouse of a U.S. citizen or LPR or a spouse of a U.S. citizen or LPR whose child was abused by the U.S. citizen or LPR (self-petitioning spouse^[17]);
2. An abused child of a U.S. citizen or LPR (self-petitioning child); or
3. An abused parent of a U.S. citizen son or daughter 21 years of age or older (self-petitioning parent).^[18]

To establish a qualifying relationship, the self-petitioner must submit evidence to prove the requisite familial relationship to the abuser as well as evidence of the abuser’s U.S. citizenship or LPR status.^[19]

1. Abuser’s U.S. Citizenship or Lawful Permanent Resident Status

The self-petitioner’s abusive qualifying family member must generally be a U.S. citizen or LPR when the self-petition is filed.^[20] However, the abusive qualifying family member must be a U.S. citizen or LPR at the time of the abuse.^[21]

Primary evidence to demonstrate the abuser’s U.S. citizenship includes, but is not limited to:

1. A birth certificate (or legible photocopy) issued by a civil authority that establishes the abuser’s birth in the United States;
2. A copy of an unexpired U.S. passport issued initially for a full 10-year period to the abuser over the age of 18 at the time of issuance;
3. A copy of an unexpired U.S. passport issued initially for a full 5-year period to the abuser under the age of 18 at the time of issuance;
4. The abuser’s Certificate of Naturalization or Certificate of Citizenship or a copy of either document; or
5. The abuser’s Report of Birth Abroad of a Citizen of the United States (Department of State Form FS-240).^[22]

Primary evidence to demonstrate the abuser’s LPR status is a copy of the abuser’s Permanent Resident Card (Form I-551) or other proof from the DHS reflecting LPR status.^[23] Other examples of evidence to establish the abuser’s LPR status include but are not limited to:

1. A copy of the pages of the abuser’s passport with visas and entry stamps showing name and immigration status; or
2. The abuser's A-Number with verification of status.

If self-petitioners are unable to provide documentary evidence of the abuser’s U.S. citizenship or LPR status, they should provide some identifying information for the abusive U.S. citizen or LPR, such as a name, place of birth, country of birth, date of birth, or Social Security number. USCIS uses this information to conduct a search of DHS records to attempt to verify the abuser’s citizenship or immigration status.^[24] If USCIS is unable to identify a record as relating to the abuser or the record does not establish the abuser's citizenship or LPR status, the officer determines whether the information submitted is detailed, specific, and reliable, then adjudicates the self-petition based on the information submitted by the self-petitioner.^[25]

Officers attempt to verify the abuser’s U.S. citizen or LPR status within DHS records; however, the burden of proof to establish eligibility for the benefit sought rests with the self-petitioner. If the self-petitioner does not sufficiently establish the abuser’s U.S. citizenship or LPR status, USCIS denies the self-petition.^[26]

An abused spouse or child of a U.S. national may also be eligible for VAWA benefits, as a U.S. national is accorded the same rights as an LPR.^[27] USCIS treats a self-petitioning spouse or child of a U.S. national as a self-petitioning spouse or child of an LPR when adjudicating the self-petition.

The INA, regulations, and case law are clear that the abuser of a self-petitioning spouse or child must be either a U.S. citizen or LPR for the self-petitioner to qualify for VAWA benefits.^[28] The INA is clear that the abusive son or daughter of a self-petitioning parent must be a U.S. citizen.^[29]

2. Self-Petitioning Spouse

Generally, an officer will deny a spousal self-petition if the marriage to the abuser legally ended through annulment, death, or divorce before the petition is properly filed. ^[30] There are certain noted statutory exemptions for this requirement that must have occurred within 2 years of filing.^[31] After the self-petition has been properly filed, the legal termination of the marriage will have no effect on the decision made on the self-petition. The self-petitioner's remarriage before issuance of a final agency decision, however, is a basis of ineligibility. If self-petitioning spouses divorce their abusive U.S. citizen or LPR spouses after the self-petition is filed, it does not adversely impact approving a pending self-petition or the validity of an approved self-petition.^[32]

USCIS generally considers a marriage as legally valid according to the laws of the place where the marriage was celebrated.^[33] However, if a marriage is valid in the country where celebrated but considered contrary to U.S. public policy, the marriage is not recognized as valid for immigration purposes.^[34] For example, incestuous and plural marriages generally are considered contrary to U.S. public policy. A common law marriage may be considered a legally valid marriage for the purpose of establishing VAWA eligibility.

Examples of evidence of a legal marriage include, but are not limited to:

1. A marriage certificate issued by authorized civil authorities;^[35]
2. Detailed, specific, and reliable affidavits and photos of the wedding ceremony; or
3. Common law marriage if no certificates or announcements, or other evidence demonstrating a common law marriage, if common law marriage is recognized in that state.^[36]

If self-petitioners were previously married, they must submit evidence to establish that all of their prior marriages were legally terminated, and that they were legally free to enter a valid marriage with the abuser.^[37] If the U.S. citizen or LPR spouse was previously married, self-petitioners must submit evidence to establish that all of their spouse’s prior marriages were legally terminated.^[38] If the U.S. citizen or LPR spouse’s prior marriages were not legally terminated, however, self-petitioners may continue to be eligible as intended spouses.^[39] The termination of common law marriages is governed by the applicable state law. For immigration purposes, where a state has given recognition of a common law marriage, USCIS recognizes the marriage as lawful.^[40]

An authorized civil authority must have issued the marriage termination document (such as a divorce decree or an annulment) for it to be considered valid. Officers should refer to the U.S. Department of State’s Foreign Affairs Manual and U.S. Visa: Reciprocity and Civil Documents by Country webpage for country-specific information regarding the legal termination of any marriage that occurred or was terminated outside the United States.

If a divorce decree requires a waiting or revocable period that has not concluded (for example, a “nisi” period in a domestic decree or an “idda” period in a foreign decree), the decree is not considered final and the marriage has not been legally terminated.^[41]

Examples of evidence of a legally terminated marriage may include, but are not limited to:

1. A final decree of divorce;
2. A decree of annulment; or
3. A death certificate.

Intended Spouse

VAWA protects “intended spouses” who believed that they entered into a valid marriage, but the marriage was invalid solely due to the abusive U.S. citizen or LPR’s bigamy.^[42] To be eligible as intended spouses, self-petitioners must have believed that they entered into a legally valid marriage with the U.S. citizen or LPR.

To demonstrate a qualifying relationship to the abusive U.S. citizen or LPR as an intended spouse, the self-petitioner must submit evidence to establish the following requirements:

1. The self-petitioner believed a legal marriage was created with the U.S. citizen or LPR spouse who was not already married and therefore free to enter into a valid marriage;
2. A marriage ceremony was actually performed;
3. The requirements for the establishment of a bona fide marriage were otherwise met; and
4. The apparent marriage between the self-petitioner and the U.S. citizen or LPR is not legitimate solely because of the U.S. citizen’s or LPR’s other, preexisting marriage.^[43]

USCIS considers a marriage certificate issued by authorized civil authorities in the United States or abroad to be evidence of the self-petitioner’s intent. If self-petitioners were previously married, they must submit evidence to demonstrate that all their prior marriages were legally terminated. However, intended spouses are not required to demonstrate that the abuser’s previous marriages were legally terminated.

Intended spouses in common law marriages are eligible as VAWA self-petitioners as long as they can demonstrate the requirements listed above, including that a marriage ceremony was actually performed.

Self-Petitioning Spouse Whose Child was Abused

A spouse of an abusive U.S. citizen or LPR is eligible to self-petition based on abuse committed by the U.S. citizen or LPR against the self-petitioner’s child.^[44] This includes, but is not limited to, an abused biological child, stepchild, or adopted child of the abuser. If the self-petition is based on a claim that the self-petitioner’s child was battered or subjected to extreme cruelty committed by the U.S. citizen or LPR, the self-petitioner submits evidence of a relationship to the abused child, such as the child's birth certificate or other evidence demonstrating the relationship (in addition to demonstrating the required marital relationship to the abuser).^[45]

3. Self-Petitioning Child

Self-petitioning children may establish a qualifying relationship to their abusive U.S. citizen or LPR parent if they are the biological child, stepchild, or adopted child of the abuser.^[46] The child must be unmarried and less than 21 years old when the self-petition is filed in order to be considered a child for immigration purposes.^[47] In certain circumstances, children who turn 21 years old prior to filing the self-petition or while the self-petition is pending may remain eligible for VAWA benefits.^[48] The self-petitioner must remain unmarried, however, at the time of filing and when the self-petition is approved.^[49] To be considered unmarried, the self-petitioner must either never have been married or have legally terminated all prior marriages.

Termination of the abuser's parental rights or a change in legal custody does not alter the child’s eligibility to self-petition, provided the petitioner meets the definition of the term “child” under immigration law and meets all other eligibility requirements.^[50]

Biological Child

Self-petitioning children may demonstrate a qualifying relationship if they are the biological child of the abusive U.S. citizen or LPR parent.^[51] If the child did not acquire U.S. citizenship at birth and the abusive U.S. citizen or LPR parent is the biological mother of the self-petitioning child, the primary evidence to demonstrate a qualifying relationship is the child’s birth certificate issued by authorized civil authorities listing the mother’s name.^[52] Where a self-petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an officer must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the self-petitioner has submitted sufficiently reliable evidence to demonstrate the claimed relationship.^[53] If the mother’s name on the birth certificate is different from the name listed on the self-petition, the self-petitioning child may submit evidence of the name change.^[54]

Other examples of evidence of a biological relationship may include, but are not limited to:

1. A court decree of paternity;
2. A custody or child support order;
3. A baptismal certificate (or other religious document) with the seal of the religious authority showing the date and place of birth and the baptism (or similar religious ceremony) and the name(s) of the parent(s);
4. Early school records showing the date of admission to the school, the child’s date and place of birth, and the name(s) of the parent(s);
5. Medical records, such as a hospital birth record that names the parent(s) of the child; or
6. Census record, such as a state or federal census record showing the name, place of birth, and date of birth or age of each person listed.

Self-petitioning children whose abusive U.S. citizen or LPR parent is their biological father must provide evidence demonstrating that they were either:

1. Born in wedlock;
2. Legitimated, or were born out of wedlock but later placed in the same legal position as a child born in wedlock; or
3. Born out of wedlock but have or have had an ongoing bona fide relationship with the abusive father.^[55]

For children born in wedlock, self-petitioners must submit evidence of their biological relationship to their father, the marriage of the child’s parents, and evidence of the legal termination of all prior marriages, if applicable.^[56]

Examples of evidence may include but are not limited to:

1. The child’s birth certificate issued by authorized civil authorities to show the biological relationship;
2. A civilly-issued marriage certificate of the parents;
3. Common law marriage announcements or certificates, or other evidence demonstrating a common law marriage, if common law marriage is recognized in that state; or
4. Proof of the legal termination of the parents’ prior marriages, if any, issued by authorized civil authorities.

Children who were legitimated must provide evidence of a biological relationship to the father and evidence of the child’s legitimation.^[57] Generally, legitimation is governed by the law of the place of residence of the parent or child.^[58] Self-petitioners may generally establish legitimation by showing that their parents married at any time before they turned 18 years old.^[59]

Children who were born out of wedlock and have not been legitimated must provide evidence that a bona fide parent-child relationship with the abusive biological father has been established.^[60] Evidence should establish more than merely a biological relationship. A bona fide parent-child relationship includes emotional or financial ties (or both).^[61] The evidence submitted should establish that the father and child actually lived together, that the father openly held the child out as being his own, that the father provided for some or all of the child's needs, or that the father's behavior in general evidenced a genuine relationship with the child.^[62]

Examples of evidence to establish a bona fide parent-child relationship may include, but are not limited to:

1. Money order receipts or cancelled checks showing the father's financial support of the child;
2. The father's income tax returns, medical records, or insurance policies listing the child as a dependent;
3. School, social services, or other state or federal government agency records for the child listing the father as a guardian or family contact;
4. Correspondence between the parties; or
5. Detailed, specific, and reliable statements or affidavits of friends, neighbors, school officials, or other associates with direct personal knowledge of the relationship. ^[63]

The following table provides a summary of the types of evidence required to demonstrate a qualifying relationship for self-petitioning children who have a biological relationship to their abusive U.S. citizen or LPR parent.

Stepchild

Self-petitioning children may demonstrate a qualifying relationship if they have a step relationship with the abusive U.S. citizen or LPR parent. A step relationship is created when a child’s biological or legal parent marries a person who is not the child’s other biological or legal parent before the child’s 18th birthday.^[65] If the marriage that created the step relationship is terminated due to divorce prior to filing, the stepchild remains eligible to self-petition.^[66] If the marriage is terminated due to the death of the biological or legal parent prior to filing, the stepchild may remain eligible to self-petition if a family relationship has continued to exist as a matter of fact between the stepparent and stepchild at the time of filing.^[67]

To demonstrate a qualifying relationship as a stepchild of an abusive U.S. citizen or LPR stepparent, self-petitioning children must submit evidence of:

1. The relationship between themselves and their biological or legal parent;
2. The marriage between their biological or legal parent and the abusive stepparent before they turned 18 years old; and
3. The termination of all prior marriages for both the biological or legal parent and stepparent, if applicable.^[68]

Examples of evidence that demonstrate a qualifying step relationship between a self-petitioning child and an abusive stepparent may include, but are not limited to:

1. The child's birth certificate issued by authorized civil authorities;
2. A civilly issued marriage certificate of the child's biological or legal parent and stepparent showing marriage before the stepchild turned 18 years old;
3. Common law marriage announcements or certificates, or other evidence demonstrating a common law marriage, if common law marriage is recognized in that state; or
4. A final decree of divorce or annulment.

Intended Spouse Provision and Self-Petitioning Children

The INA does not extend the intended spouse provision for self-petitioning spouses to self-petitioning children.^[69] Therefore, if the marriage that created the step relationship is not legally valid due to bigamy on the part of the stepparent, the child is not eligible to self-petition. However, children can be included as derivatives on their biological or legal parent’s self-petition if the biological or legal parent can establish a qualifying relationship with the abusive stepparent under the intended spouse provisions.

Adopted Child

Generally, for an adoption to be the basis for granting immigration benefits, an adoption must comply with certain statutory requirements. In the family-based petition process, the statute requires that the adoptee beneficiary has been in the legal custody of and jointly resided with the adoptive parent(s) for at least 2 years, among other requirements.^[70] Abused adopted children, however, are not required to demonstrate that the U.S. citizen or LPR had 2 years of legal custody and 2 years of joint residence with them in order to be eligible for a VAWA self-petition.^[71]

Self-petitioning adopted children demonstrate a qualifying relationship to a U.S. citizen or LPR parent by submitting evidence of an adoption that is valid for immigration purposes.^[72] Generally, for an adoptive relationship to be considered valid for the family-based petition process, the U.S. citizen or LPR must have legally adopted the child while the child was under age 16.^[73] In certain circumstances, the adoption may take place prior to the child attaining 18 years old if the sibling exception applies.^[74] Evidence of an adoption that may demonstrate a qualifying adoptive relationship includes a copy of the legal adoption decree or order issued by the appropriate civil authority or other relevant evidence that an adoptive relationship is valid.^[75]

4. Self-Petitioning Parent

Self-petitioning parents must demonstrate a qualifying relationship to their abusive U.S. citizen son or daughter who is 21 years of age or older.^[76] The INA defines a “child” as an unmarried person who is under 21 years of age.^[77] Therefore, the abusive son or daughter must have qualified as the child of the abused parent before turning 21 years of age but must be 21 years of age or older at the time of filing.^[78] Parents of abusive LPR sons and daughters are not eligible for VAWA benefits.

To establish a qualifying relationship, a self-petitioning parent must be a biological parent, stepparent, or adoptive parent of an abusive U.S. citizen son or daughter.^[79] The requirements for self-petitioning parents are similar to the requirements for self-petitioning children to demonstrate the required parent-child relationship.

Biological Parent

Self-petitioning parents may demonstrate a qualifying relationship if they are the biological parent of the abusive U.S. citizen son or daughter.^[80] If the self-petitioning parent utilized Assisted Reproductive Technology, however, and does not have a genetic relationship to the U.S. citizen or LPR child, the parent may still be able to demonstrate a qualifying parent-child relationship in certain circumstances.^[81] If the self-petitioning parent is the biological mother of the abusive U.S. citizen son or daughter, the primary evidence to demonstrate the qualifying relationship is the child’s birth certificate issued by authorized civil authorities listing the mother’s name.^[82] If the mother's name on the birth certificate is different from the name as reflected on the self-petition, the self-petitioner may submit evidence of the name change.^[83]

If primary evidence is unavailable, examples of secondary evidence of a biological relationship may include, but are not limited to:

1. A court decree of paternity;
2. Custody or child support orders;
3. A baptismal certificate (or other religious document) with the seal of the religious authority showing the date and place of birth and baptism (or similar religious ceremony) and the names of the parents;
4. Early school records showing the date of admission to the school, the child’s date and place of birth, and the name(s) of the parent(s);
5. Medical records, such as the hospital birth record that names the parent(s) of the child; or
6. Census record, such as a state or federal census record showing the name, place of birth, and date of birth or age of each person listed.

If the self-petitioning parent is the biological father of the abusive U.S. citizen son or daughter, then the parent must provide evidence demonstrating that the child was either:

1. Born in wedlock;
2. Legitimated, or was born out of wedlock but later placed in the same legal position as a child born in wedlock; or
3. Born out of wedlock but has or had an ongoing bona fide relationship with the abused parent.^[84]

For fathers whose abusive U.S. citizen sons or daughters were born in wedlock, self-petitioners must submit evidence of their biological relationship to their child, the marriage between the parents of the child, and evidence of the legal termination of all prior marriages, if applicable.^[85]

Examples of such evidence may include but are not limited to:

1. A birth certificate for the child issued by authorized civil authorities to show the biological relationship;
2. A civilly-issued marriage certificate of the parents;
3. Common law marriage announcements or certificates, or other evidence demonstrating a common law marriage, if common law marriage is recognized in that state; or
4. Proof of the legal termination of the parents’ prior marriages, if any, issued by authorized civil authorities.

If the child was legitimated, the father must provide evidence of a biological relationship to the child and evidence of the child’s legitimation.^[86] Generally, legitimation is governed by the law of the place of residence of the parent or child.^[87] Self-petitioners may generally establish legitimation by showing that they married the child’s other parent at any time before the child turned 18 years old.^[88]

Fathers whose children were born out of wedlock and have not been legitimated must provide evidence that a bona fide parent-child relationship has been established with the child.^[89] Evidence establishes more than merely a biological relationship. A bona fide parent-child relationship includes emotional or financial ties (or both) or a genuine concern or interest for the child’s support, instruction, and general welfare.^[90] Evidence submitted should establish that the father and child actually lived together, that the father openly held the child out as being his own, that the father provided for some or all of the child’s needs, or that the father’s behavior in general evidenced a genuine concern for the child.^[91]

Examples of evidence to establish a bona fide parent-child relationship may include, but are not limited to:

1. Money order receipts or cancelled checks showing the father's financial support of the child;
2. The father's income tax returns, medical records, or insurance policies listing the child as a dependent;
3. School, social services, or other state or federal government agency records for the child listing the father as a guardian or family contact;
4. Correspondence between the parties; or
5. Detailed, specific, and reliable statements or affidavits of friends, neighbors, school officials, or other associates with direct personal knowledge of the relationship.^[92]

The following table provides a summary of the types of evidence sufficient to demonstrate a qualifying relationship for self-petitioning parents who have a biological relationship to their abusive U.S. citizen son or daughter.

Stepparent

Self-petitioning parents may demonstrate a qualifying relationship if they have a stepparent relationship with the abusive U.S. citizen son or daughter. A step relationship is created if the abused parent married the son or daughter’s other biological or legal parent before the son or daughter’s 18th birthday.^[94] If the marriage that created the step relationship is terminated due to divorce prior to filing, the stepparent remains eligible to self-petition.^[95] If the marriage is terminated due to the death of the biological or legal parent prior to filing, the stepparent may remain eligible to self-petition if a family relationship has continued to exist as a matter of fact between the stepparent and stepson or stepdaughter at the time of filing.^[96]

To demonstrate a qualifying stepparent relationship, self-petitioning parents must submit evidence of:

1. The relationship between the biological or legal parent and the abusive son or daughter;
2. Their marriage with the stepson or stepdaughter’s biological or legal parent; and
3. The termination all prior marriages for both themselves and their spouse (biological or legal parent), if applicable.^[97]

Examples of evidence that demonstrate a qualifying step relationship between a self-petitioning stepparent and an abusive U.S. son or daughter may include, but are not limited to:

1. The son or daughter's birth certificate issued by authorized civil authorities;
2. A civilly-issued marriage certificate of the stepparent and the son or daughter's biological or legal parent showing marriage before the stepson or stepdaughter turned 18 years old;
3. Common law marriage announcements or certificates, or other evidence demonstrating a common law marriage, if common law marriage is recognized in that state; or
4. A final decree of divorce or annulment.

Adoptive Parent

Self-petitioning parents may demonstrate a qualifying relationship if they have an adoptive relationship with their U.S. citizen son or daughter.^[98] Generally, for an adoptive relationship to be the basis for granting immigration benefits, the adoption must be valid for immigration purposes^[99] and comply with certain statutory requirements.^[100]

For the adoptive relationship to be considered valid under INA 101(b)(1)(E), a child generally must be adopted while under age 16.^[101] Unlike abused adopted children, abused adoptive parents must demonstrate 2 years of legal custody and 2 years of joint residence with their adopted U.S. citizen son or daughter in order to establish a qualifying adoptive relationship.^[102] Self-petitioning parents may demonstrate a qualifying adoptive relationship by submitting evidence of:

1. An adoption that is valid for immigration purposes;
2. 2 years of legal custody of the adopted son or daughter; and
3. 2 years of joint residence with the adopted son or daughter.^[103]

Self-petitioning parents may also establish an adoptive parent-child relationship under INA 101(b)(1)(F) or INA 101(b)(1)(G).^[104]

C. Good Faith Marriage (Self-Petitioning Spouses Only)

A self-petitioning spouse’s eligibility for the self-petition requires more than showing a legal marital relationship to a U.S. citizen or LPR. The self-petitioner must also establish that the marriage was entered into in good faith and was not entered into for the purpose of evading immigration laws.^[105]

To demonstrate a good faith marriage, self-petitioning spouses must show that at the time of the marriage, they intended to establish a life together with the U.S. citizen or LPR. USCIS does not deny a self-petition solely because the spouses are not currently living together, and the marriage is no longer viable.^[106] Additionally, separation from the U.S. citizen or LPR spouse, even shortly after the marriage took place, does not prove by itself that a marriage was not entered into in good faith.^[107] However, when assessing the existence of a good faith marriage, USCIS evaluates all facts in the totality of the circumstances to determine whether at the time of the marriage, they intended to establish a life together.

Examples of evidence to demonstrate good faith entry into the marriage may include, but are not limited to:

1. Documentation that one spouse has been listed as the other spouse’s beneficiary on insurance policies;
2. Joint property leases, income tax forms, or accounts (for example, bank accounts, utility statements or accounts, and credit cards accounts);
3. Evidence of courtship, a wedding ceremony, a shared residence, or shared experiences;
4. Birth certificates of children born to the self-petitioner and abusive spouse;
5. Police, medical, or court documents providing information about the relationship; or
6. Detailed, specific, and reliable statements or affidavits of persons with personal knowledge of the relationship.^[108]

D. Eligible for Immigrant Classification

A VAWA self-petitioner must establish eligibility for a family-based immigrant classification as either an immediate relative or under a family-based preference category.^[109] VAWA eligibility generally extends to children, spouses, and parents of abusive U.S. citizens, who are considered immediate relatives, and spouses and children of abusive LPRs, who are included in family-based preference categories.

Because VAWA self-petitions provide for family-based immigrant classification, self-petitioners are subject to the restrictions applicable to family-based petitions, including INA 204(c), INA 204(g), and INA 204(a)(2), which address issues involving current and prior marriages and marriage fraud.^[110]

INA 204(c) states that no petition shall be approved where the alien previously obtained or sought immediate relative or preference status based on a marriage that DHS or DOJ found to have been entered into for the purpose of evading the immigration laws, or where the alien was found to have attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

INA 204(g) restricts approval of petitions based on marriages entered into while in removal proceedings. If an alien entered a marriage while in removal proceedings, an immigrant petition based on that marriage cannot be approved unless:

1. The alien beneficiary has resided outside the United States for a 2-year period beginning after the date of the marriage; or
2. The alien beneficiary can establish, by clear and convincing evidence, he or she entered into a valid marriage in good faith and not for the purpose of evading the immigration laws.

INA 204(a)(2) generally bars the approval of a second spousal preference petition for the classification of the spouse of the self-petitioner if the alleged abusive spouse, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence. This bar would apply unless a period of 5 years has elapsed after the date on which the alleged abusive spouse became a lawful permanent resident, or unless the self-petitioner establishes by clear and convincing evidence that the alleged abuser’s prior marriage was not entered into for the purpose of evading the immigration laws.

E. Subjected to Battery or Extreme Cruelty

Self-petitioners must demonstrate that their U.S. citizen or LPR relative battered or subjected them to battery or extreme cruelty during the qualifying relationship.^[111] Note that for abused adopted children, the battery or extreme cruelty may be committed by an adoptive parent or a family member of an adoptive parent residing in the same household.^[112] For all other self-petitioners, battery or extreme cruelty committed by a third party can only constitute abuse where the U.S. citizen or LPR willfully condoned or participated in the abusive act(s).^[113]

The battery or extreme cruelty must have been committed against the self-petitioner, or for self-petitioning spouses, against their child(ren), and must have taken place during the qualifying relationship. For self-petitioning children, there is also a requirement that the child was residing with the abuser when the abuse occurred.^[114] However, residence for a child may also include any period of visitation.^[115]

Note that if the self-petitioner is a stepchild or stepparent, the abuse must have occurred during the step-relationship. Evidence, however, of any abuse occurring at any time may be used to establish a pattern of abuse to support the claim.

1. Battery and Extreme Cruelty

Congress did not define “battery or extreme cruelty” for purposes of the VAWA provisions of the INA.^[117] DHS provides examples of battery and extreme cruelty in the regulations to include any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence.^[118]

Without a statutory definition of “extreme cruelty,” common definitions provide valuable context. The Oxford English Dictionary defines “extreme” as “…a quality, condition, or feeling: Existing in the utmost possible degree, or in an exceedingly high degree; exceedingly great or intense.”^[119] Merriam-Webster's Dictionary defines “extreme” as “going to great or exaggerated lengths; exceeding the ordinary, usual , or expected.”^[120] Hurtful conduct alone, or adverse interactions of limited severity, are not sufficient to establish “extreme” cruelty. The actions must reflect an intention to gain or maintain power and control over the self-petitioner.

“Cruelty” is commonly defined as “the quality or state of being cruel,” which means “disposed to inflict pain . . . ”^[121] A definition of cruelty specifically applicable to domestic relationships is defined as “conduct of either party in a divorce action that endangers the life or health of the other.”^[122] The above-referenced definitions are the commonly recognized meanings for these VAWA-specific terms and should provide valuable context for officers adjudicating VAWA self-petitions.

In the context of VAWA-based cancellation of removal under INA 240A(b)(2), multiple courts have emphasized that the “extreme cruelty” determination is not made based on an algorithm and requires adjudicative judgment as to whether the conduct at issue is sufficiently serious to fulfill the statutory language.^[123] The Eleventh Circuit has found that “determining whether a given course of conduct is ‘extremely cruel’ involves more than simply plugging facts into a formula. The agency is required to make a judgment whether the cruel conduct alleged is sufficiently extreme to implicate the purposes of the statute.”^[124] And given the agency’s authority under INA 204(a)(1)(J), the Tenth Circuit held that the court did not have subject matter jurisdiction over the agency's “[d]iscretionary determination of what evidence was credible and weight given to evidence.”^[125]

Consistent with this authority from a related context, USCIS weighs and evaluates the credibility of the evidence submitted in its sole discretion to determine whether the cruel conduct alleged is sufficiently “extreme” to establish eligibility.

The majority of circuit courts concluded that DHS’s regulation at 8 CFR 204.2(c)(1)(vi) did not establish an objective legal standard for the battered-spouse determination.^[126] The Ninth Circuit reached a contrary conclusion and held that the phrase “battered or subjected to extreme cruelty” establishes an objective legal standard to determine if an alien is a victim of domestic violence.^[127] USCIS agrees with the majority circuits courts’ interpretations, as the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of USCIS. Even though Congress did not define the phrase “battery or extreme cruelty” given VAWA’s well-documented legislative history and intent, there is certainly a commonsense element for officers to consider in evaluating the existence of battery or extreme cruelty.

USCIS determines whether a self-petitioner has demonstrated that extreme cruelty occurred on a case-by-case basis; there is no formula, and generally no single factor is conclusive. Officers rely on adjudicative experience, specialized training, standard operating procedures, and commonsense when determining whether the alleged cruel conduct is sufficiently extreme to qualify under the purposes of the statute. Officers consider all circumstances related to the alleged conduct.

“Batter” is commonly defined as “to strike with repeated blows of an instrument or weapon, or with frequent missiles; to beat continuously and violently so as to bruise or shatter.”^[128] Battery generally includes any offensive touching or use of force on a person without the person’s consent.^[129] Some examples include, but are not limited to, punching, slapping, spitting, biting, kicking, choking, kidnapping, rape, molestation, forced prostitution, sexual abuse, and sexual exploitation.

Some examples of battery or extreme cruelty include, but are not limited to:

1. Any act or threatened act of violence, including forced detention, which results or threatens to result in physical or mental injury;
2. Sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution;
3. Actions that are a part of an overall pattern of violence;
4. Forced confinement or physical isolation;
5. Exerting physical control over self-petitioners; or
6. Denying access to food, family, or medical treatment.

Officers should understand that the above-listed factors are not exhaustive, and that battery or extreme cruelty can take many forms. Officers also retain discretion when determining if the actions described should be considered battery or extreme cruelty and whether the self-petitioner submitted detailed, specific, and reliable evidence to establish eligibility.In making these determinations they must assess the evidence in the totality of the circumstances. However, officers use commonly recognized definitions and their own adjudicative experience, specialized training, and standard operating procedures when evaluating the existence of battery or extreme cruelty. ^[130]

2. Evidence

Examples of evidence to demonstrate battery or extreme cruelty occurred include, but are not limited to:

1. Incident or arrest reports or other official law enforcement or court documentation;
2. Official court records;
3. Medical records and reports;
4. School records and reports;
5. Contemporaneous documentation showing the self-petitioner sought safe-haven or services from a domestic violence shelter or other service provider;
6. Photographs of injuries (when the self-petitioner clearly identifies who took the photographs, as well as when and where they were taken and when the photographs are fair and accurate representations of what they claim to depict); or
7. Psychological evaluations (when prepared by a qualified medical or mental health professional, who treated or thoroughly and adequately evaluated the self-petitioner using well-established assessments or tools, and where the self-petitioner provided USCIS with the medical or mental health professional’s curriculum vitae or professional certification(s) to establish the professional’s level of expertise).

Self-petitioners who obtained an order of protection against the abuser or have taken other legal steps to end the abuse should submit copies of the related legal documents.^[131]

Moreover, evidence that the abuse victim sought safe-haven in a domestic violence shelter or similar refuge may also be relevant, as may a combination of documents such as hospital or medical records which detail the self-petitioner’s injuries based on abuse, medical attention received, and the date and location of medical facility.^[132] Evidence of non-qualifying abuse may only be used to establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.^[133]

F. Residence with the Abusive Relative

The self-petitioner must reside or have resided with the abuser during the qualifying relationship to be eligible for the self-petition.^[134] Residence is defined as the person’s general place of abode or the principal, actual dwelling place of the self-petitioner without regard to intent.^[135] A self-petitioner cannot meet the residency requirement by merely visiting the abuser’s home while maintaining a general place of abode or a principal dwelling place elsewhere.^[136]

Self-petitioners must have resided with the abuser at some point prior to filing the self-petition or reside with the abuser when filing the self-petition and must have resided with the abuser during the qualifying relationship. The self-petitioner is not required, however, to have resided with the abuser for any specific length of time or to have resided with the abuser in the United States.^[137] There is also no requirement for self-petitioners to be living with the abuser at the time they file the self-petition or, for self-petitioning spouses and parents, when the abuse occurred.^[138]

Self-petitioning children are required to have resided with the abuser when the abuse occurred.^[139] However, residence for a child may also include any period of visitation.^[140]

If self-petitioners are in the United States at the time they file the self-petition, the shared residence can have occurred either in or outside the United States.^[141]

Examples of evidence demonstrating shared residence with the abusive U.S. citizen or LPR may include, but are not limited to:

1. Birth certificates for children born during the marriage;
2. Leases, deeds, mortgages, or rental agreements listing the self-petitioner and the U.S. citizen or LPR as occupants or owners;
3. Insurance policies listing a common address for the self-petitioner and U.S. citizen or LPR;
4. Bank statements or financial documents listing a common address for the self-petitioner and U.S. citizen or LPR;
5. Photocopies of income tax filings listing the self-petitioner and the U.S. citizen or LPR;
6. School records listing the parent and address of record;
7. Medical records or a statement from the self-petitioner’s physician; or
8. Detailed, specific, and reliable statements or affidavits of friends and family who can verify that the self-petitioner and the U.S. citizen or LPR resided together during the marriage.^[142]

G. Good Moral Character

1. General Requirements

Self-petitioners must demonstrate that they are persons of good moral character in order to be eligible for a VAWA self-petition.^[143] USCIS generally, but not exclusively, looks at the 3-year period immediately preceding the date the self-petition is filed, and the self-petitioner’s conduct is evaluated on a case-by-case basis taking into account the provisions regarding good moral character in INA 101(f) and the standards of the average citizen in the community.^[144]

2. Special Considerations for Children Under 14 Years of Age

A self-petitioning child who is under 14 years old is presumed to be a person of good moral character and is not required to submit evidence of good moral character with the self-petition.^[145]

The presumption, however, does not preclude USCIS from requesting evidence of good moral character if there is reason to believe that the self-petitioning child may lack good moral character.^[146] USCIS has discretion to request evidence of good moral character for a self-petitioning child under 14 years of age and could find that a person under the age of 14 lacks good moral character.^[147]

3. Evaluating Good Moral Character

USCIS evaluates a self-petitioner’s claim of good moral character on a case-by-case basis, considering the provisions of INA 101(f) and the standards of the average citizen in the community, and may consider any conduct, behavior, acts, or convictions.^[148]

Although the evidentiary requirements for good moral character focus on the 3-year period preceding the filing of the self-petition, the eligibility requirements do not specify a time period during which self-petitioners must demonstrate their good moral character.^[149] USCIS may review and request any evidence of good moral character or a lack of good moral character for any time period before or after the filing of the self-petition if USCIS has reason to believe the self-petitioner lacks good moral character.^[150] For example, if a VAWA self-petitioner’s criminal history record includes a 2.5-year old conviction for a violation of probation then, logically, USCIS is able to consider the previous conviction (which may be more than 3 years old) that gave rise to the sentence of probation that was violated during the self-petitioner’s 3-year good moral character period.

A self-petitioner is required to maintain good moral character through the time of final adjudication of both the self-petition and the adjustment of status application.^[151]

As with any benefit request, USCIS retains discretion to request a biometrics submission from the self-petitioner.^[152] Where the results of criminal history records checks conducted prior to the approval of the self-petition or adjustment of status application disclose that the self-petitioner is no longer a person of good moral character or that the self-petitioner has not been a person of good moral character in the past, USCIS denies the self-petition if it is pending or revokes the self-petition if it was previously approved.^[153]

USCIS considers derogatory information provided as a result of biometric-based criminal history checks when assessing good moral character, even where the self-petitioner neglected to provide that information with their VAWA Form I-360. In cases where a self-petitioner fails to provide relevant criminal history information, USCIS may consider the self-petitioner’s lack of candor in the good moral character assessment and when determining the credibility to be assigned evidence submitted by the self-petitioner.^[154]

Permanent and Conditional Bars to Good Moral Character Under INA 101(f)

INA 101(f) lists the classes of aliens who are statutorily barred from being considered a person of good moral character. Self-petitioners who fall under certain categories under INA 101(f) are permanently barred from establishing good moral character.^[155]

Permanent bars apply to a self-petitioner:

1. Who has at any time on or after November 29, 1990, been convicted of an aggravated felony; or
2. Who at any time has engaged in conduct described in INA 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or INA 212(a)(2)(G) (relating to severe violations of religious freedom).^[156]

Other bars, however, are not permanent in nature and are considered “conditional bars.” Conditional bars are triggered by specific acts, offenses, activities, circumstances, or convictions under INA 101(f) that occurred in the 3-year period immediately preceding the filing of the self-petition.^[157] When a conditional bar is triggered, USCIS must affirmatively exercise its discretion to make a finding of good moral character despite an act or conviction falling under the conditional bar.

These self-petitioners may still be considered persons of good moral character if:

1. The act or conviction is waivable for purposes of determining inadmissibility or deportability; and
2. The act or conviction was connected to the self-petitioner’s battery or extreme cruelty.^[158]

Conditional bars apply to a self-petitioner who, during the 3-year period for which good moral character is required to be established:

1. Is or was a habitual drunkard;
2. Is or was engaged in prostitution during the past 10 years as described in INA 212(a)(2)(D);
3. Is or was involved in the smuggling of a person or persons into the United States as described in INA 212(a)(6)(E);
4. Is or was a practicing polygamist;
5. Has been convicted or admits committing acts that constitute a crime involving moral turpitude other than a purely political offense, except for certain petty offenses or offenses committed while the person was less than 18 years old as described in INA 212(a)(2)(A)(ii);
6. Has committed two or more offenses for which the self-petitioner was convicted, and the aggregate sentence actually imposed was 5 years or more, provided that, if an offense was committed outside the United States, it was not purely a political offense;
7. Has violated laws relating to a controlled substance, except for simple possession of 30 grams or less of marijuana;
8. Earns income principally from illegal gambling activities or has been convicted of two or more gambling offenses;
9. Has given false testimony for the purpose of obtaining immigration benefits; or
10. Has been confined as a result of a conviction to a penal institution for an aggregate period of 180 days or more.^[159]

USCIS only looks to judicial records to determine whether the alien has been convicted of a crime and may not look behind the conviction to reach an independent determination concerning guilt or innocence.^[160]

Unlawful Acts

Self-petitioners who willfully failed or refused to support dependents, committed unlawful acts that adversely reflect on their moral character, or were convicted or imprisoned for such acts but the acts do not fall under INA 101(f) will be considered as lacking good moral character unless they establish extenuating circumstances.^[161]

Aliens who were subjected to abuse in the form of forced prostitution or who can establish that they were forced to engage in other behavior that could render them inadmissible may still be considered a person of good moral character if they have not been convicted for the commission of the offense.^[162]

Any acts or conduct committed by an alien that resulted in mandatory detention may be considered as a negative factor in the overall good moral character determination.^[163]

All Other Conduct and Acts

If there is evidence that a self-petitioner’s conduct or acts do not fall under INA 101(f) but are contrary to the standards of the average citizen in the community, the officer must consider all of the evidence in the record and make a case-by-case determination as to whether the self-petitioner has established good moral character under the standards of the average citizen in the community.^[164] Some relevant considerations may include but are not limited to the severity of the conduct or act and whether the self-petitioner has demonstrated rehabilitation of character.^[165]

When USCIS is aware of any conduct, behavior, acts, or convictions relevant to a self-petitioner’s present good moral character, USCIS may consider that information even if it occurred prior to the 3-year period. The passage of time alone may not be sufficient to demonstrate a self-petitioner’s present good moral character when there is evidence that he or she lacked good moral character in the past. Some relevant considerations may include but are not limited to the severity of the conduct or act and whether the self-petitioner has demonstrated rehabilitation of character.

Evidence

Primary evidence of good moral character is the self-petitioner’s affidavit, which includes detailed statements regarding the self-petitioner’s conduct and behavior establishing good moral character.^[166] USCIS affords more evidentiary weight to affidavits that are detailed, specific, and reliable. In addition to the affidavit, the self-petitioner also submits a local police clearance or a state-issued criminal background check from each locality or state in the United States in which the self-petitioner has resided for 6 or more months during the 3-year period immediately preceding the filing of the self-petition.^[167] In cases where USCIS has requested biometrics from a self-petitioner, the biometric-based background check results from the Federal Bureau of Investigation are also evidence of good moral character.

If self-petitioners reside or have resided outside the United States, they submit a police clearance, criminal background check, or similar report issued by the appropriate authority in the foreign country in which they resided for 6 or more months during the 3-year period immediately preceding the filing of the self-petition.^[168]

Self-petitioners submit clearances or background checks based on their name and date of birth or based on their fingerprints. If the search conducted is based on a name and date of birth, self-petitioners provide clearances under all their aliases, including any maiden names, if applicable. Failure to provide such information based on fingerprints or failure to include all aliases in the police clearances may result in a delay with the adjudication.

If police clearances, criminal background checks, or similar reports are not available for some or all locations, self-petitioners submit a detailed statement and other credible evidence explaining the reasons they could not obtain the clearances and why the lack of a police clearance does not adversely reflect upon the self-petitioner’s good moral character.

In addition to the self-petitioner’s detailed, specific, and reliable affidavit and police clearances or criminal background checks, USCIS considers any other credible evidence of good moral character, such as affidavits from responsible persons who have knowledge and can attest to the self-petitioner’s good moral character.^[169]

Detailed, specific, and reliable affidavits attesting to good moral character should contain the affiant's full name, address, telephone number, date and place of birth, relationship to the parties, if any, and details concerning how the affiant acquired knowledge of the self-petitioner’s good moral character. The determination of what evidence is credible, and the weight afforded to that evidence is within the sole discretion of USCIS.^[170] USCIS affords less evidentiary weight to affidavits that are missing this detailed and specific information.

Self-petitioners who have been arrested, charged, or otherwise have a criminal record provide the following additional evidence:

1. Copies of arrest report(s);
2. Certified copies of court documents showing final disposition of any charge(s); and
3. Relevant excerpts of law for the jurisdiction where the act took place listing the maximum possible penalty for each charge.

Failure to provide this information may result in a delay with the adjudication.

4. Evaluating Acts or Convictions Falling Under the Conditional Bars Listed in INA 101(f)

If a self-petitioner has committed an act or has a conviction that falls under a conditional bar under INA 101(f), then the officer must consider the following:

1. Whether a waiver for the act or conviction would be available;
2. Whether the act or conviction is connected to battery or extreme cruelty experienced by the self-petitioner; and
3. Whether the self-petitioner warrants a finding of good moral character in the exercise of discretion.^[171]

Step 1: Determine Whether a Waiver Would be Available

If the self-petitioner has committed an act or has a conviction that falls under a conditional bar, the officer first determines whether a waiver would be available. The self-petitioner must submit evidence addressing whether a waiver would be available for the act or conviction at issue.^[172]

The officer does not need to consider whether a waiver would be granted, only that a waiver would be available at the time the adjustment of status or immigrant visa application is filed.^[173] If officers are uncertain whether a waiver is available, they should seek guidance from the local Office of the Chief Counsel before making a final determination.

Step 2: Determine Whether the Act or Conviction is “Connected” to the Battery or Extreme Cruelty

If a waiver is available for the act or conviction, officers must consider whether the act or conviction is “connected” to the battery or extreme cruelty experienced by the self-petitioner. For an act or conviction to be considered connected to the battery or extreme cruelty, the evidence must establish that the act or conviction has a causal or logical relationship to the battery or extreme cruelty.^[174] The connection does not require compulsion or coercion on the part of the self-petitioner. To meet this evidentiary standard, the evidence submitted must demonstrate the following:

1. The circumstances surrounding the act or conviction committed by the self-petitioner; and
2. The connection between the act or conviction and the battery or extreme cruelty.

When determining whether a connection exists between the self-petitioner’s disqualifying act or conviction and the battery or extreme cruelty suffered by the self-petitioner, USCIS considers the full history of abuse in the case. The self-petitioner’s qualifying U.S. citizen or LPR relative must have perpetrated the battery or extreme cruelty during the qualifying relationship, but the self-petitioner is not required to establish that the act or conviction occurred during the qualifying relationship.

If the self-petitioner establishes that the battery or extreme cruelty occurred prior to and during the qualifying relationship, the officer may find that the self-petitioner has established the required “connection” between the act or conviction and the battery or extreme cruelty, even if the act or conviction occurred prior to the qualifying relationship.

Step 3: Determine Whether the Self-Petitioner Warrants a Finding of Good Moral Character in the Exercise of Discretion

Whether a self-petitioner is a person of good moral character under the exception at INA 204(a)(1)(C) is a discretionary determination made by USCIS. For example, even if the evidence establishes both that a waiver for the self-petitioner’s disqualifying act or conviction is available and that the requisite connection exists between the disqualifying act or conviction and the battery or extreme cruelty, USCIS may nevertheless conclude that the severity or gravity of the self-petitioner’s act or conviction warrants a finding of a lack of good moral character.

As with any discretionary waiver or discretionary determination, the officer reviews the entire record and gives the appropriate weight to the positive and negative factors. No one factor, including any humanitarian considerations, will be dispositive. Once the officer has weighed each factor, the officer considers all the factors cumulatively to determine whether the positive factors outweigh the negative factors and adjudicates the waiver to conditional bars accordingly.

H. Self-Petitioners Filing from Outside the United States

If self-petitioners are outside the United States when filing the self-petition, they must demonstrate one of the following in addition to the eligibility requirements listed in this chapter:

1. The abusive U.S. citizen or LPR is employed abroad by the U.S. government;
2. The abusive U.S. citizen or LPR is a member of the U.S. uniformed services stationed outside the United States; or
3. The claimed battery or extreme cruelty occurred in the United States.^[175]

If USCIS approves the self-petition and a visa is available, the self-petitioner may apply for an immigrant visa to enter the United States as an LPR.^[176]

I. Derivative Beneficiaries

Self-petitioning spouses and children may include their child(ren) as derivative beneficiaries on the self-petition.^[177] Self-petitioning parents, however, are not eligible to confer derivative benefits to their family members. If self-petitioning parents include a derivative on their self-petition, the self-petition will not be denied. Any listed derivatives, however, are not eligible to derive status and do not receive any benefit under the approved self-petition.

Derivative children must be unmarried and less than 21 years old at the time of filing and otherwise qualify as the self-petitioner’s child under immigration law.^[178] The statutory definition of “child” includes certain children born in or out of wedlock and certain legitimated children, adopted children, and stepchildren.^[179]

Self-petitioners may add an eligible child, including a child born after the self-petition was approved, when the self-petitioner applies for an immigrant visa outside the United States or adjustment of status in the United States.^[180] A new petition is not required.

Self-petitioners should submit evidence that the derivative beneficiary is under 21 years old and unmarried at the time of filing as well as evidence of the relationship between the self-petitioner and the child.^[181] Derivative beneficiaries are granted the same immigrant classification and priority date as the self-petitioner.^[182]

If a child turns 21 years old and is unable to benefit from the Child Status Protection Act (CSPA), as long as the self-petition was filed before the child turned 21 years old, the child is automatically considered a principal self-petitioner if the child turns 21 years old before adjusting status.^[183] In such a case, the child receives the priority date of the parent’s self-petition.^[184] Derivatives do not need to file a separate self-petition; they are placed in the preference category appropriate to their situation.^[185]

Footnotes

[^ 1] See Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 (PDF), 108 Stat. 1796, 1902 (September 13, 1994). See Title V of the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464, 1518 (October 28, 2000). See Title VIII of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162 (PDF), 119 Stat. 2960, 3053 (January 5, 2006). See Section 6 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 Technical Amendments, Pub. L. 109-271 (PDF), 120 Stat. 750, 762 (August 12, 2006). See Title VIII of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 110 (March 7, 2013).

[^ 2] See INA 101(a)(51). Although INA 101(a)(51) includes several benefits under the term “VAWA self-petitioner,” this part focuses on self-petitions filed under INA 204(a).

[^ 3] See INA 101(a)(51). Although INA 101(a)(51) includes several benefits under the term “VAWA self-petitioner,” this part focuses on self-petitions filed under INA 204(a).

[^ 4] See INA 204(a) and INA 245(a). See 8 CFR 204.2(c)(1)(i) and 8 CFR 204.2(e)(1)(i).

[^ 5] See INA 204(a). See 8 CFR 204.1(a)(3), 8 CFR 204.2(c)(1), and 8 CFR 204.2(e)(1). Although 8 CFR 204.2(c)(1) and 8 CFR 204.2(e)(1) require self-petitioners to demonstrate extreme hardship to themselves or their children if deported; that they reside in the United States at the time of filing; and that their shared residence with the abuser takes place in the United States, the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000) removed these as eligibility requirements and supersedes this part of the regulation.

[^ 6] See INA 201(b)(2)(A)(i) and INA 203(a)(2)(A).

[^ 7] See INA 204(a)(1). See 8 CFR 204.2(c)(1) and 8 CFR 204.2(e)(1).

[^ 8] For more information on evidentiary requirements, see Chapter 5, Adjudication, Section B, Review of Evidence, Subsection 2, Any Credible Evidence Provision [3 USCIS-PM D.5(B)(2)].

[^ 9] See INA 204(a)(1)(J). See 8 CFR 204.2(c)(2)(i) and 8 CFR 204.2(e)(2)(i).

[^ 10] See 8 CFR 103.2(b)(8)(iii).

[^ 11] This means that if an alien seeking a benefit has not shown eligibility, the officer should deny the application. The government is not called upon to make any showing of ineligibility until the alien has first shown that he or she is eligible. See Matter of Brantigan (PDF), 11 I&N Dec. 493 (BIA 1966). In Matter of Cheung (PDF), 12 I&N Dec. 715 (BIA 1968), the Board specified that the burden remains with the petitioner in revocation proceedings to establish that the beneficiary qualifies for the benefit sought under the immigration laws, a principle which was reaffirmed in Matter of Estime (PDF), 19 I&N Dec. 450 (BIA 1987) and Matter of Ho (PDF), 19 I&N Dec. 582 (BIA 1988).

[^ 12] See Matter of Chawathe (PDF), 25 I&N Dec. 369, 376 (AAO 2010).

[^ 13] See 8 CFR 103.2(b)(1).

[^ 14] See 8 CFR 103.2(a)(7)(iv).

[^ 15] A self-petitioner may withdraw an earlier filed petition at any time until a decision is issued by USCIS or, in the case of an approved petition, until the person is admitted or granted adjustment or change of status, based on the petition. See 8 CFR 103.2(a)(7).

[^ 16] See INA 204(a)(1). See 8 CFR 204.2(c)(2)(ii) and 8 CFR 204.2(e)(2)(ii).

[^ 17] Self-petitioning spouses may also include certain intended spouses and former spouses. For more information, see Subsection 2, Self-Petitioning Spouse [3 USCIS-PM D.2(B)(2)]; Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 1, Self-Petitioning Spouse’s Divorce [3 USCIS-PM D.3(A)(1)]; and Chapter 3, Effect of Certain Life Events, Section D, Death of the U.S. Citizen, Lawful Permanent Resident, or Self-Petitioner [3 USCIS-PM D.3(D)].

[^ 18] See INA 204(a). See 8 CFR 204.2(c)(1)(i)-(iii) and 8 CFR 204.2(e)(1)(i)-(iii).

[^ 19] See 8 CFR 204.2(c)(2)(ii) and 8 CFR 204.2(e)(2)(ii).

[^ 20] See INA 204(a)(1). See 8 CFR 103.2(b)(1). There are certain exceptions, however, where self-petitioners may preserve their eligibility in cases where abusers have lost or renounced their U.S. citizenship or LPR status for a reason that was related to an incident of abuse. See INA 204(a)(1)(A)(iii)(II)(aa)(CC)(bbb), INA 204(a)(1)(A)(iv), INA 204(a)(1)(A)(vii), INA 204(a)(1)(B)(ii)(II)(aa)(CC)(aaa) and INA 204(a)(1)(B)(iii). For more information, see Chapter 3, Effect of Certain Life Events, Section E, Loss or Renunciation of U.S. Citizenship or Loss of Lawful Permanent Resident Status [3 USCIS-PM D.3(E)]. Changes to the abuser's U.S. citizenship or LPR status after the self-petitioner files the self-petition do not adversely impact approving a pending self-petition or the validity of an approved self-petition. See INA 204(a)(1)(A)(vi) and INA 204(a)(1)(B)(v).

[^ 21] See Matter of L-L-P- (PDF), 28 I&N Dec. 241 (BIA 2021).

[^ 22] See 8 CFR 204.1(g)(1).

[^ 23] See 8 CFR 204.1(g)(1). Note that self-petitioners may submit any credible evidence relevant to the abuser’s U.S. citizenship or LPR status.

[^ 24] See 8 CFR 103.2(b)(17)(ii) and 8 CFR 204.1(g)(3).

[^ 25] See 8 CFR 103.2(b)(17)(ii) and 8 CFR 204.1(g)(3).

[^ 26] See 8 CFR 204.1(g). Note that self-petitioners may submit any credible evidence relevant to the abuser’s U.S. citizenship or LPR status.

[^ 27] See INA 204(a)(1)(A)(iii)(II)(aa) and INA 204(a)(1)(B)(ii)(II)(aa). See 8 CFR 204.2(c)(1)(i)-(iii).

[^ 28] See INA 204(a)(1). See 8 CFR 204.2(c)(2)(ii) (“A self-petition filed by a spouse must be accompanied by evidence of citizenship of the United States citizen or proof of the immigration status of the lawful permanent resident abuser.”).

[^ 29] See INA 204(a)(1)(A)(vii)(I).

[^ 30] While regulations generally provide for automatic revocation of the approval of a visa petition upon the petitioner’s death, 8 CFR 205.1(a)(3)(i)(C)(2) provides discretion for humanitarian reasons to reinstate approval of the visa petition. See the Family Sponsor Immigration Act of 2002, Pub. L. 107-150 (PDF) (March 13, 2022), as it amended Section 213A(f)(5) of the INA.

[^ 31] In certain circumstances self-petitioning spouses may continue to be eligible for VAWA benefits if the marriage was terminated due to divorce or death prior to filing the self-petition. See INA 204(a)(1)(A)(iii)(II)(aa)(CC). For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition [3 USCIS-PM D.3(A)] and Section D, Death of the U.S. Citizen, Lawful Permanent Resident, or Self-Petitioner [3 USCIS-PM D.3(D)]. Although 8 CFR 204.2(c)(1)(i)(A) requires that the self-petitioner demonstrate an existing marriage to the abuser at the time of filing, the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000) amended this requirement to allow abused spouses to remain eligible for VAWA benefits if the marriage was terminated due to divorce or death in certain circumstances. VTVPA supersedes this part of the regulation.

[^ 32] See INA 204(a)(1)(A)(vi) and INA 204(a)(1)(B)(v).

[^ 33] See Matter of Lovo-Lara, 23 I&N Dec. 746 (BIA 2005) and Matter of Da Silva, 15 I&N Dec. 778 (BIA 1976). To determine the validity of a marriage, USCIS considers the same evidence submitted for a spousal-based Petition for Alien Relative (Form I-130). For more information on Form I-130 and what constitutes a legally valid marriage, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].

[^ 34] See Matter of H-- (PDF), 9 I&N Dec. 640 (BIA 1962). A polygamous marriage, even if valid where contracted, is not recognized for immigration purposes.

[^ 35] See 8 CFR 204.2(c)(2)(ii).

[^ 36] For immigration purposes, where a state has given recognition of a common law marriage, USCIS recognizes the marriage as lawful. See U.S. v. Gomez-Orozco, 28 F.Supp.2d 1092 (7th Cir. 1999).

[^ 37] See 8 CFR 204.2(c)(2)(ii).

[^ 38] See 8 CFR 204.2(c)(2)(ii). For more information, see italicized subheading, "Intended Spouse."

[^ 39] See INA 204(a)(1)(A)(iii)(II)(aa)(BB) and INA 204(a)(1)(B)(ii)(II)(aa)(BB).

[^ 40] See U.S. v. Gomez-Orozco, 28 F. Supp.2d 1092 (7th Cir. 1999).

[^ 41] For more information on marriages terminated outside the United States, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].

[^ 42] See INA 204(a)(1)(A)(iii)(II)(aa)(BB) and INA 204(a)(1)(B)(ii)(II)(aa)(BB).

[^ 43] See INA 204(a)(1)(A)(iii)(II)(aa)(BB) and INA 204(a)(1)(B)(ii)(II)(aa)(BB).

[^ 44] See INA 204(a)(iii)(I)(bb), INA 204(a)(1)(B)(ii)(I)(bb), and INA 101(b)(1).

[^ 45] See 8 CFR 204.2(c)(2)(ii).

[^ 46] See INA 204(a)(1)(A)(iv), INA 204(a)(1)(B)(iii), and INA 101(b)(1). See 8 CFR 204.2(e)(1)(ii).

[^ 47] See INA 101(b)(1). See 8 CFR 204.2(e)(1)(ii).

[^ 48] See INA 204(a)(1)(D)(i), INA 204(a)(1)(D)(v), INA 201(f), and INA 203(h). For more information, see Chapter 3, Effect of Certain Life Events, Section G, Child Turning 21 Years Old [3 USCIS-PM D.3(G)].

[^ 49] See 8 CFR 204.2(e)(1)(ii). For more information, see Chapter 3, Effect of Certain Life Events, Section B, Self-Petitioner’s Marriage or Remarriage [3 USCIS-PM D.3(B)].

[^ 50] See INA 101(b)(1). See 8 CFR 204.2(e)(1)(ii).

[^ 51] For more information, see Volume 6, Immigrants, Part B, Family-Based Immigrants, Chapter 7, Children, Sons, and Daughters [6 USCIS-PM B.7] and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section B, Child Born in Wedlock [12 USCIS-PM H.3(B)].

[^ 52] See 8 CFR 204.2(e)(2)(ii)(A).

[^ 53] See Volume 5, Adoptions, Part D, Child Eligibility Determinations (Hague), Chapter 8, Documentation and Evidence [5 USCIS-PM D.8] for more information on delayed birth certificates. Further, the BIA states that they “have been reluctant to accord delayed birth certificates the same weight [BIA] would give birth certificates issued at the time of birth.” and the BIA “reasoned that birth certificates with delayed registration dates are less reliable because ‘the opportunity for fraud is much greater with a delayed birth certificate.’”. However, the BIA has “noted the difficulty in balancing situations in which a delayed birth certificate may be the only type of birth certificate available” and that “to penalize these persons because they were not born in hospitals or other facilities where births are registered would be unjust [and] to balance the competing concerns of fraud and fairness, [the BIA] has held that a delayed birth certificate is not generally conclusive evidence and must instead “be evaluated in light of the other evidence of record and the circumstances of the case.” See Matter of Rehman, 27 I&N Dec. 124 (BIA 2017), Matter of Bueno (PDF), 21 I&N Dec. 1029, 1033 (BIA 1997), and Matter of Serna (PDF), 16 I&N Dec. 643, 644–45 (BIA 1978).

[^ 54] See 8 CFR 204.2(d)(2)(i).

[^ 55] See INA 101(b)(1)(A), INA 101(b)(1)(C), and INA 101(b)(1)(D). See 8 CFR 204.2(e)(2)(ii)(B)-(D).

[^ 56] See 8 CFR 204.2(e)(2)(ii)(B).

[^ 57] See INA 101(b)(1)(C). See 8 CFR 204.2(e)(2)(ii)(C).

[^ 58] See INA 101(b)(1)(C). See 8 CFR 204.2(d)(2)(ii).

[^ 59] See INA 101(b)(1)(C). See 8 CFR 204.2(d)(2)(ii). For more information on legitimation, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].

[^ 60] See INA 101(b)(1)(C).

[^ 61] See 8 CFR 204.2(d)(2)(iii).

[^ 62] See 8 CFR 204.2(d)(2)(iii).

[^ 63] The determination of what evidence is credible and the weight given is within the sole discretion of USCIS. Officers may consider factors including, but not limited to, whether the evidence is signed, notarized, or corroborated by a neutral third-party.

[^ 64] See INA 204(a)(1)(J). See 8 CFR 204.2(d)(2), 8 CFR 204.2(e)(2)(ii), and 8 CFR 204.2(e)(2)(i). For more information on the consideration of evidence, see Chapter 5, Adjudication, Section B, Review of Evidence [3 USCIS-PM D.5(B)].

[^ 65] See INA 101(b)(1)(B).

[^ 66] See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].

[^ 67] See Matter of Pagnerre (PDF), 13 I&N Dec. 688 (BIA 1971).

[^ 68] See 8 CFR 204.2(e)(2)(ii)(E).

[^ 69] See INA 204(a)(1). For more information, see Section B, Qualifying Relationship, Subsection 2, Self-Petitioning Spouse [3 USCIS-PM D.2(B)(2)].

[^ 70] See INA 101(b)(1)(E).

[^ 71] See INA 101(b)(1)(E)(i).

[^ 72] See INA 101(b)(1)(E)(i), INA 204(a)(1)(A)(iv), and INA 204(a)(1)(B)(iii). There are three different ways for a child to immigrate to the United States based on adoption. See INA 101(b)(1)(E), INA 101(b)(1)(F), and INA 101(b)(1)(G). See 8 CFR 204.2(d)(2)(vii) and 8 CFR 204.301-204.314. The requirements to self-petition as an abused adopted child apply to the family-based process under INA 101(b)(1)(E), INA 204(a)(1)(A)(iv), and INA 204(a)(1)(B)(iii). See Volume 5, Adoptions, Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].

[^ 73] See INA 101(b)(1)(E)(i) and INA 101(b)(1)(F). See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].

[^ 74] See INA 101(b)(1)(E)(ii) See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].

[^ 75] See 8 CFR 204.2(e)(2)(ii)(F).

[^ 76] See INA 204(a)(1)(A)(vii). See INA 101(b)(2). USCIS considers the same evidence submitted to establish eligibility for an abused spouse or child under 8 CFR 204.2(c)(2) and 8 CFR 204.2(e)(2) as for an abused parent.

[^ 77] See INA 101(b)(1).

[^ 78] See Matter of Hassan (PDF), 16 I&N Dec. 16 (BIA 1976).

[^ 79] See INA 101(b)(1) and INA 101(b)(2). A child is defined as “an unmarried person under 21 years of age” in INA 101(b)(1). INA 101(b)(1)(B) and INA 101(b)(1)(E), INA 101(b)(1)(F), and INA 101(b)(1)(G) further define a child to include a stepchild and an adopted child, respectively. Similarly, “parent,” “father,” and “mother” are defined in INA 101(b)(2) to include stepparents and certain adoptive parents. An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to apply for VAWA relief under INA 204(a)(1)(A)(vii) provided that the self-petitioner is a “parent” as defined in INA 101(b)(2) and has or had a qualifying relationship to the U.S. citizen son or daughter. USCIS considers the same evidence submitted for a Petition for Alien Relative (Form I-130) for a child or parent as for a self-petitioning parent to establish a qualifying relationship to a U.S. citizen son or daughter. For more information on Form I-130s, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].

[^ 80] For more information, see Volume 6, Immigrants, Part B, Family-Based Immigrants, Chapter 7, Children, Sons, and Daughters [6 USCIS-PM B.7] and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section B, Child Born in Wedlock [12 USCIS-PM H.3(B)].

[^ 81] For more information, see Volume 6, Immigrants, Part B, Family-Based Immigrants, Chapter 7, Children, Sons, and Daughters [6 USCIS-PM B.7] and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section B, Child Born in Wedlock [12 USCIS-PM H.3(B)].

[^ 82] See 8 CFR 204.2(e)(2)(ii)(A) and 8 CFR 204.2(f)(2). USCIS considers the same evidence submitted to demonstrate a parent-child relationship as described in 8 CFR 204.2(e) and 8 CFR 204.2(f)(2) as for a parental relationship for parents filing a self-petition under INA 204(a)(1)(A)(vii). Note that officers should always consider any credible evidence submitted by the self-petitioner in accordance with INA 204(a)(1)(J).

[^ 83] See 8 CFR 204.2(f)(2)(i).

[^ 84] See INA 101(b)(1)(A), INA 101(b)(1)(C), INA 101(b)(1)(D), and INA 101(b)(2). See 8 CFR 204.2(e)(2)(ii) and 8 CFR 204.2(f)(2).

[^ 85] See 8 CFR 204.2(e)(2)(ii)(B).

[^ 86] See INA 101(b)(1)(C). See 8 CFR 204.2(e)(2)(ii)(C).

[^ 87] See INA 101(b)(1)(C). See 8 CFR 204.2(f)(2)(ii).

[^ 88] See INA 101(b)(1)(C). See 8 CFR 204.2(f)(2)(ii). For more information on legitimation, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].

[^ 89] See 8 CFR 204.2(f)(2)(iii).

[^ 90] See 8 CFR 204.2(f)(2)(iii).

[^ 91] See 8 CFR 204.2(f)(2)(iii).

[^ 92] The determination of what evidence is credible and the weight given is within the sole discretion of USCIS. Officers may consider factors including, but not limited to, whether the evidence is signed, notarized, or corroborated by a neutral third-party.

[^ 93] See INA 204(a)(1)(J). See 8 CFR 204.2(e)(2)(ii), 8 CFR 204.2(f)(2), and 8 CFR 204.2(e)(2)(i). For more information on the consideration of evidence, see Chapter 5, Adjudication, Section B, Review of Evidence [3 USCIS-PM D.5(B)].

[^ 94] See INA 101(b)(1)(B).

[^ 95] See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].

[^ 96] See Matter of Pagnerre (PDF), 13 I&N Dec. 688 (BIA 1971). This case involves whether a stepdaughter qualifies as a family-based preference category relative of a U.S. citizen under INA 203(a)(3) when the marriage that created the step relationship terminated due to the death of the beneficiary’s biological parent. The court found that there was a continuing step relationship in fact between the petitioner and beneficiary after the death of the beneficiary’s father and approved the petition for preference classification. For more information, see Chapter 3, Effect of Certain life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].

[^ 97] See 8 CFR 204.2(e)(2)(ii)(E).

[^ 98] To meet the definition of a parent under INA 101(b)(2), the parent’s child must meet one of the definitions of child under INA 101(b)(1). There are three different ways to meet the definition of child based on adoption. See INA 101(b)(1)(E). See INA 101(b)(1)(F). See INA 101(b)(1)(G). See INA 204(a)(1)(A)(vii). See Volume 5, Adoptions, Part A, Adoption Overview [5 USCIS-PM A].

[^ 99] See Volume 5, Adoptions, Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].

[^ 100] See INA 101(b)(1)(E), INA 101(b)(1)(F) and INA 101(b)(1)(G).

[^ 101] See INA 101(b)(1)(E)(i). In certain circumstances the adoption may take place prior to the child attaining 18 years old if a sibling exception applies. See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].

[^ 102] See INA 101(b)(1)(E).

[^ 103] See INA 101(b)(1)(E). See 8 CFR 204.2(f)(2)(iv). See Volume 5, Adoptions, Part A, Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4]. USCIS considers the same evidence submitted to demonstrate a parent-child relationship under 8 CFR 204.2(f)(2) as for a parent filing a self-petition.

[^ 104] To establish an adoptive relationship if the child was adopted through the orphan process under INA 101(b)(1)(F), see Volume 5, Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. To establish an adoptive relationship if the child was adopted through the Hague process under INA 101(b)(1)(G), see Volume 5, Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].

[^ 105] See INA 204(a)(1)(A)(iii)(I) and INA 204(a)(1)(B)(ii)(I). See 8 CFR 204.2(c)(1)(i)(H) and 8 CFR 204.2(c)(1)(ix).

[^ 106] See 8 CFR 204.2(c)(1)(ix).

[^ 107] See 61 FR 13061, 13068 (PDF) (Mar. 26, 1996). See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975). The court stated that evidence of separation, standing alone, cannot support a finding that a marriage was not bona fide when it was entered. The duration of a separation is relevant to, but not dispositive of, an intent to enter a marriage.

[^ 108] The determination of what evidence is credible and the weight given is within the sole discretion of USCIS. Officers may consider factors including, but not limited to, whether the evidence is signed, notarized, or corroborated by a neutral third-party.

[^ 109] See INA 204(a)(1)(A)(iii)(II)(cc), INA 204(a)(1)(A)(iv), INA 204(a)(1)(A)(vii), INA 204(a)(1)(B)(ii)(II)(cc), INA 204(a)(1)(B)(iii), INA 201(b)(2)(A)(i), and INA 203(a)(2)(A). See 8 CFR 204.2(c)(1)(i)(B) and 8 CFR 204.2(e)(1)(i)(B).

[^ 110] See 8 CFR 204.2(c)(1)(iv) and 8 CFR 204.2(e)(1)(iv). For more information, see Chapter 3, Effect of Certain Life Events, Section C, Marriage-Related Prohibitions on Self-Petition Approval [3 USCIS-PM D.3(C)].

[^ 111] See INA 204(a)(1)(A)(iii)(I)(bb), INA 204(a)(1)(A)(iv), INA 204(a)(1)(A)(v)(I)(cc), INA 204(a)(1)(A)(vii)(V), INA 204(a)(1)(B)(ii)(I)(bb), INA 204(a)(1)(B)(iii) and INA 204(a)(1)(B)(iv)(I)(cc). See 8 CFR 204.2(c)(1)(i)(E) and 8 CFR 204.2(e)(1)(i)(E).

[^ 112] See INA 101(b)(1)(E).

[^ 113] See 61 FR 13061, 13065 (PDF) (Mar. 26, 1996).

[^ 114] See 8 CFR 204.2(e)(1)(i)(E).

[^ 115] See INA 204(a)(1)(A)(iv).

[^ 116] See 8 CFR 204.2(e)(1)(i)(E).

[^ 117] See INA 204(a)(1)(A)(iv) and INA 101(a) for definitions.

[^ 118] See 8 CFR 204.2(c)(1)(vi) and 8 CFR 204.2(e)(1)(vi).

[^ 119] See Oxford English Dictionary’s definition of “extreme.”

[^ 120] See Merriam-Webster Dictionary’s definition of “extreme.”

[^ 121] See Webster's Third New International Dictionary 546 (2002).

[^ 122] See Webster's Third New International Dictionary 546 (2002).

[^ 123] See, for example,Perales-Cumpean v. Gonzales, 429 F.3d 977, 982-83 (10th Cir. 2005)(“Determining whether a given course of conduct is ‘extremely cruel’ involves more than simply plugging facts into a formula. The agency is required to make a judgment whether the cruel conduct alleged is sufficiently extreme to implicate the purposes of the statute.”); Stepanovic v. Filip, 554 F.3d 673, 680 (7th Cir. 2009)(“[T]he IJ must determine the facts of a particular case, make a judgment call as to whether those facts constitute cruelty, and, if so, whether the cruelty rises to such a level that it can rightly be described as extreme.”); and Hernandez v. Ashcroft, 345 F.3d 824, 840 (9th Cir. 2003)(“Congress required a showing of extreme cruelty in order to ensure that section [the statute] protected against the extreme concept of domestic violence, rather than mere unkindness.”).

[^ 124] See Patel v. United States Attorney General, 971 F.3d 1258 (11th Cir. 2020).

[^ 125] See Perales-Cumpean v. Gonzales, 429 F.3d 977 (10th Cir. 2005).

[^ 126] See Rosario v. Holder, 627 F.3d 58 (2nd Cir. 2010); Johnson v. U.S. Att'y Gen., 602 F.3d 508 (3rd Cir. 2010); Stepanovic v. Filip, 554 F.3d 673 (7th Cir. 2009); Wilmore v. Gonzales, 455 F.3d 524 (5th Cir. 2006); Perales–Cumpean v. Gonzales, 429 F.3d 977 (10th Cir. 2005); Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003); and Bedoya-Melendez v. U.S. Atty. Gen., 680 F.3d 1321 (11th Cir. 2012).

[^ 127] See Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003).

[^ 128] See Oxford English Dictionary 1005 (2nd ed., 1989).

[^ 129] See Merriam-Webster Dictionary’s law definition of “battery.”

[^ 130] Four circuit courts that have considered the eligibility requirement that an alien be “battered or subject to extreme cruelty” and held that it requires adjudicative judgment to weigh the case-specific facts and circumstances. See, for example, Stepanovic v. Filip, 554 F.3d 673, 680 (7th Cir. 2009) (extreme cruelty is not determined “by simply plugging facts into a formula or applying an algorithm. . . . Rather, the [adjudicator] must determine the facts of a particular case, make a judgment call as to whether those facts constitute cruelty, and, if so, whether the cruelty rises to such a level that it can rightly be described as extreme.); Perales-Cumpean v. Gonzales, 429 F.3d 977, 982 (10th Cir. 2005) (“Determining whether a given course of conduct is “extremely cruel” involves more than simply plugging facts into a formula.”); Rosario v. Holder, 627 F.3d 58, 64 (2nd Cir. 2010) (determining whether a self-petitioner was battered or subjected to extreme cruelty “entails a weighing of facts and circumstances, the sort of value judgment that lies at the core of the [agency’s] exercise of discretion.”); Johnson v. U.S. Att'y Gen., 602 F.3d 508 (3rd Cir. 2010). The Ninth Circuit reached a contrary conclusion than the other seven circuits in Hernandez v. Ashcroft, holding that the phrase “battered or subjected to extreme cruelty” establishes an objective legal standard to determine if an alien is a victim of domestic violence. See Hernandez v. Ashcroft, 345 F.3d 824, 834 (9th Cir. 2003). As a matter of policy, USCIS follows the majority of federal circuit courts of appeal that have ruled on this issue.

[^ 131] See 8 CFR 204.2(c)(2)(iv) and 8 CFR 204.2(e)(2)(iv).

[^ 132] See 8 CFR 204.2(c)(2)(iv) and 8 CFR 204.2(e)(2)(iv).

[^ 133] See 8 CFR 204.2(c)(2)(iv) and 8 CFR 204.2(e)(2)(iv).

[^ 134] See INA 204(a)(1)(A)(iii)(II)(dd), INA 204(a)(1)(A)(iv), INA 204(a)(1)(A)(vii)(IV), INA 204(a)(1)(B)(ii)(II)(dd), and INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(1)(i)(D) and 8 CFR 204.2(e)(1)(i)(D). As of December 22, 2025, USCIS is reverting to the pre-2022 interpretation of VAWA.

[^ 135] See INA 101(a)(33).

[^ 136] See 61 FR 13061, 13065 (PDF) (Mar. 26, 1996).

[^ 137] Although 8 CFR 204.2(c)(1)(v) states that “[a] self-petition will not be approved if the self-petitioner is not residing in the United States,” this portion of the regulation has been superseded by the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000), which removed the requirement for the self-petitioner to reside in the United States.

[^ 138] See 8 CFR 204.2(c)(1)(v) and 8 CFR 204.2(e)(1)(v).

[^ 139] See 8 CFR 204.2(e)(1)(i)(E).

[^ 140] See INA 204(a)(1)(A)(iv).

[^ 141] For more information on filing a VAWA self-petition from outside the United States, see Section H, Self-Petitioners Filing from Outside the United States [3 USCIS-PM D.2(H)].

[^ 142] The determination of what evidence is credible and the weight given is within the sole discretion of USCIS. Officers may consider factors including, but not limited to, whether the evidence is signed, notarized, or corroborated by a neutral third-party.

[^ 143] See INA 204(a)(1)(A)(iii)(II)(bb), INA 204(a)(1)(A)(iv), INA 204(a)(1)(A)(vii)(II), INA 204(a)(1)(B)(ii)(II)(bb), and INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(1)(i)(F) and 8 CFR 204.2(e)(1)(i)(F).

[^ 144] See 8 CFR 204.2(c)(1)(vii), 8 CFR 204.2(e)(1)(vii), and 8 CFR 316.10(a)(2).

[^ 145] See 8 CFR 204.2(e)(2)(v). Affirmative evidence of good moral character is required for all self-petitioning children age 14 or older.

[^ 146] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).

[^ 147] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996). The regulation provides that a self-petition filed by a person of any age may be denied or revoked if the evidence establishes that the person lacks good moral character.

[^ 148] See 8 CFR 204.2(c)(1)(vii), 8 CFR 204.2(e)(1)(vii), and 8 CFR 316.10(a)(2).

[^ 149] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).

[^ 150] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).

[^ 151] See 8 CFR 204.2(c)(1)(vii) and 8 CFR 204.2(e)(1)(vii).

[^ 152] See 8 CFR 103.2(b)(9).

[^ 153] See 8 CFR 204.2(c)(1)(vii) and 8 CFR 204.2(e)(1)(vii). The self-petitioner may appeal the decision to revoke the approval within 15 days after service of notice of the revocation. See 8 CFR 205.2(d). For more information, see Chapter 6, Post-Adjudicative Matters, Section A, Revocations [3 USCIS-PM D.6(A)].

[^ 154] See Matter of Ho (PDF), 19 I&N Dec. 582. (BIA 1988) (“Doubt cast on any aspect of the petitioner's proof may lead to a re-evaluation of the reliability and sufficiency of the remaining evidence offered in support of the visa petition.”).

[^ 155] See INA 101(f)(8)-(9).

[^ 156] See INA 101(f)(8)-(9).

[^ 157] See INA 101(f)(1)-(7). See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).

[^ 158] See INA 204(a)(1)(C). Note that USCIS applies INA 204(a)(1)(C) to all self-petitioners, including those filing under INA 204(a)(1)(A)(v), INA 204(a)(1)(A)(vii), and INA 204(a)(1)(B)(iv), despite the fact that these self-petitioners are not specifically referenced in INA 204(a)(1)(C).

[^ 159] See INA 101(f).

[^ 160] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996) (citing to Pablo v. INS, 72 F.3d 110, 113 (9th Cir. 1995) and Gouveia v. INS, 980 F.2d 814, 817 (1st Cir. 1992)).

[^ 161] See 8 CFR 204.2(c)(1)(vii) and 8 CFR 204.2(e)(1)(vii).

[^ 162] For example, persons who admitted to having engaged in prostitution under duress but had no prostitution convictions were not excludable as prostitutes under INA 212(a)(2)(D), because they were involuntarily reduced to such a state of mind that they were actually prevented from exercising free will through the use of wrongful, oppressive threats or unlawful means. See Matter of M-, 7 I&N Dec. 251 (BIA 1956). See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).

[^ 163] USCIS officers adhere to current agency guidance and procedures regarding the identification of public safety or national security cases. USCIS refers any such cases to U.S. Immigration and Customs Enforcement (ICE) according to the existing USCIS-ICE Memorandum of Agreement.

[^ 164] See INA 101(f). “The fact that any person is not within the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.” See 8 CFR 204.2(c)(1)(vii). See 8 CFR 204.2(e)(1)(vii).

[^ 165] See INA 101(f). “The fact that any person is not within the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.” See 8 CFR 204.2(c)(1)(vii) and 8 CFR 204.2(e)(1)(vii).

[^ 166] See 8 CFR 204.2(c)(2)(v) and 8 CFR 204.2(e)(2)(v).

[^ 167] See 8 CFR 204.2(c)(2)(v) and 8 CFR 204.2(e)(2)(v).

[^ 168] See 8 CFR 204.2(c)(2)(v) and 8 CFR 204.2(e)(2)(v). For more information, see the U.S. Department of State’s Foreign Affairs Manual for information on the availability of foreign clearances by country.

[^ 169] See 8 CFR 204.2(c)(2)(v) and 8 CFR 204.2(e)(2)(v).

[^ 170] See 8 CFR 103.2(b)(2)(iii).

[^ 171] See INA 204(a)(1)(C).

[^ 172] Relevant waivers include those under INA 212(h)(1), INA 212(i)(1), INA 237(a)(7), and INA 237(a)(1)(H)(ii).

[^ 173] See Appendix: Statutory Bars to Establishing Good Moral Character – Waivable Conduct [3 USCIS-PM D.2, Appendices Tab], which includes a quick-reference chart indicating which disqualifying acts and convictions under INA 101(f) have a waiver available.

[^ 174] See Da Silva v. Attorney General (PDF), 948 F.3d 629 (3rd Cir. 2020). The court held that “connected to” as it is used in INA 204(a)(1)(C) means “having a causal or logical relationship.”

[^ 175] See INA 204(a)(1)(A)(v) and INA 204(a)(1)(B)(iv). There is no statutory requirement that a self-petitioning parent be living in the United States at the time the self-petition is filed. The filing requirements at INA 204(a)(1)(A)(v) relating to a self-petitioning spouse, intended spouse, or child living abroad of a U.S. citizen are applicable to self-petitions filed by an abused parent of a U.S. citizen son or daughter.

[^ 176] See 8 CFR 204.2(c)(3)(i) and 8 CFR 204.2(e)(3)(i).

[^ 177] See INA 204(a)(1)(A)(iii)(I), INA 204(a)(1)(A)(iv), INA 204(a)(1)(B)(ii)(I), and INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(4). 8 CFR 204.2(e)(4) has been superseded by the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000), which amended the INA to allow children of child self-petitioners to be classified as derivative beneficiaries under INA 204(a)(1)(A)(iv) and INA 204(a)(1)(B)(iii).

[^ 178] See INA 204(a)(1)(A)(iii)(I), INA 204(a)(1)(A)(iv), INA 204(a)(1)(B)(ii)(I), and INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(4).

[^ 179] See INA 101(b)(1).

[^ 180] See 61 FR 13061, 13068 (PDF) (Mar. 26, 1996).

[^ 181] See 8 CFR 204.2(c)(4).

[^ 182] See INA 203(d). See 8 CFR 204.2(c)(4).

[^ 183] See INA 204(a)(1)(D)(i)(III). For more information, see Chapter 3, Effect of Certain life Events, Section G, Child Turning 21 Years Old, Subsection 2, Self-Petitioning Child or Derivative Turns 21 Years Old After the Self-Petition is Filed [3 USCIS-PM D.3(G)(2)].

[^ 184] See INA 204(a)(1)(D)(i)(III).

[^ 185] See INA 204(a)(1)(D)(i)(III).