Form I-360 (VAWA), Petition for Amerasian, Widow(er), or Special Immigrant: Who should file and what changed at USCIS
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is the USCIS form used for VAWA self-petitions. It is for certain spouses, children, and parents who suffered battery or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR). The abusive relative does not file anything and does not participate.
USCIS has recently increased scrutiny of VAWA self-petitions. USCIS updated its Policy Manual guidance on December 22, 2025. USCIS described the goal as protecting eligible survivors while improving fraud detection. The agency also tied the change to suspected misuse patterns that slow down cases for legitimate filers.
This does not change the VAWA law itself. It changes how officers review evidence. Expect closer review of affidavits, relationship proof, and shared-residence evidence. Expect more Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) when packets are thin or inconsistent.
Quick reference: Form I-360 (VAWA self-petition)
| Detail | Information |
|---|---|
| Form number | I-360 |
| Purpose | VAWA self-petition for certain abused spouses, children, and parents |
| Current fee | Often $0 for VAWA self-petitions (verify as of February 2026 at USCIS fees) |
| Where to file | Use the “Where to File” section in the Form I-360 instructions on USCIS |
| Processing time | USCIS estimates vary by category. Many VAWA I-360 cases fall around 16–24 months (as of February 2026). Check USCIS processing times |
💰 Current Fee: Many VAWA-based Form I-360 filings have no filing fee. Always confirm the fee category at USCIS fees. Wrong fees can cause rejection.
⏱️ Processing Time: Processing times are estimates and vary by workload and case facts. Check USCIS processing times (as of February 2026).
Official form page: Form I-360 (USCIS)
1) Overview: USCIS crackdown on VAWA self-petitions
USCIS says it has seen suspected fraud patterns in VAWA filings. USCIS also cited sharp filing growth from 2020 through 2024. USCIS described these trends as straining resources and delaying valid cases.
The December 22, 2025 Policy Manual update instructs officers to more actively screen for fraud indicators. It also clarifies evidence-weight principles and when corroboration matters. USCIS frames the approach as a balance:
- Program integrity through stronger verification and fraud detection
- Continued access for eligible survivors, including those with limited documents
In practical terms, the filing environment is stricter. A “bare minimum” packet is more likely to draw an RFE or NOID.
2) VAWA self-petition basics and eligibility
A VAWA self-petition lets an eligible survivor seek immigration benefits without the abuser’s help. The petition is filed with USCIS on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. VAWA cases also have strong confidentiality rules. USCIS generally cannot disclose information to the abuser.
Who can self-petition
- Spouse of a U.S. citizen or LPR
- Child (generally under 21, with some age protections in certain cases) of a U.S. citizen or LPR
- Parent of a U.S. citizen adult child
Core eligibility elements USCIS evaluates
- Qualifying relationship to the abuser (spouse, child, or parent)
- Battery or extreme cruelty during the qualifying relationship
- Good-faith relationship where required (especially marriage-based cases)
- Shared residence where required, or credible explanation when facts are unusual
- Credibility and consistency across forms, affidavits, and records
3) Key policy changes in the USCIS Policy Manual (Volume 3)
USCIS’s Policy Manual guidance (updated December 22, 2025) emphasizes more careful review of evidence quality. Officers are instructed to look for fraud indicators and to weigh evidence based on detail, consistency, and corroboration.
Fraud indicators that may trigger closer review
- Near-identical or templated affidavits across unrelated cases
- Recycled documents that appear reused or altered
- Duplicative filing patterns linked to the same provider or package format
- Thin relationship history, with little proof of a real relationship
- Little or no shared-residence proof, without a clear explanation
Evidence expectations under heightened review
- Detailed personal affidavits that describe events, dates, locations, and impacts
- Corroboration options when safe and available
- Relationship and residence documentation that fits the timeline
Officers may issue an RFE or NOID if the packet is generic, vague, or inconsistent. The officer may also question credibility when documents conflict.
⚠️ Common Mistake: Filing an affidavit that reads like a template. Generic narratives now raise flags and can lead to an RFE or denial.
4) Impacts on applicants and processing
Even legitimate cases can receive RFEs or NOIDs under stricter review. This often happens when the story is credible but the packet is unclear.
Why valid cases still get RFEs or NOIDs
- Affidavits that lack dates, locations, and specifics
- Missing proof of shared residence, with no explanation
- Inconsistencies between declarations, police reports, medical notes, or prior filings
- A relationship timeline that does not match documents
- Missing translations or incomplete copies
How to reduce risk in a stricter environment
- Keep facts consistent across Form I-360 and all declarations.
- Build a timeline of the relationship and abuse, then match documents to it.
- Use corroboration safely when available. Do not put yourself at risk to get records.
- Explain gaps clearly in a short, direct statement.
- Label exhibits and make it easy for an officer to follow.
Confidentiality and USCIS communications
VAWA cases are sensitive. Still, USCIS notices go to the address you provide. Use a safe mailing address. Many survivors use a trusted relative, an attorney, or a secure mailing option.
Processing expectations for planning work and travel
Processing times are estimates. As of February 2026, many VAWA I-360 cases fall around 16–24 months. Adjustment of status, when available, can add additional time. RFEs, interviews, and background checks can extend timelines.
Work and travel planning depends on your full strategy. Many applicants consider:
- Form I-765, Application for Employment Authorization for a work permit, if eligible
- Form I-131, Application for Travel Document for advance parole, if eligible and if travel is safe for the case
Do not travel without confirming you have the right status and documents. Travel can create risks for people who entered without inspection or who have prior unlawful presence.
5) Pre- and post-update emphasis by category
USCIS has not created a new rigid checklist. The practical emphasis has shifted.
Affidavits
– Earlier: basic declarations were sometimes enough.
– Now: officers expect individualized, detailed accounts tied to real events.
Abuse corroboration
– Earlier: flexibility was often broad. Police reports were not required.
– Now: stronger preference for corroboration when it exists and is safe to obtain.
Good-faith relationship (where required)
– Earlier: some cases moved forward with limited primary proof.
– Now: greater expectation of primary evidence and clear relationship history.
Shared residence
– Earlier: sometimes less central in review.
– Now: clearer expectation of credible proof, or a credible explanation of living arrangements.
6) Practical advice for applicants and practitioners
Heightened scrutiny does not mean you cannot win a valid case. It means the packet must be easy to believe and easy to follow.
When professional help is especially helpful
- Consider experienced help when you have:
- Limited documents and a complicated living situation
- Prior immigration filings, prior denials, or prior allegations of fraud
- Safety concerns about contacting police, hospitals, or relatives
- Inconsistent records, including dates, addresses, or marital history
How to present a coherent case theory
- Write a one-page timeline of key relationship and abuse events.
- Organize exhibits by theme: relationship, residence, abuse, good moral character.
- Use short exhibit labels and a table of contents.
- Address gaps directly. Do not overexplain. Do not guess.
- If evidence is not obtainable, explain why and what you provided instead.
There is no special grace period for filings after the update. Use VAWA flexibility carefully and document the reason evidence is limited.
7) Data points and trends cited by USCIS
USCIS cited sharp filing growth as a reason for stronger screening. USCIS referenced a 360% rise in self-petitions from 2020 to 2024. USCIS also cited growth in filings by males and by parents.
USCIS linked these trends to suspected misuse and increased workload. That translates into more verification for everyone. It does not mean every case is suspicious. It means USCIS officers will ask more questions when facts are thin.
Step-by-step: How to file a VAWA self-petition on Form I-360
- Download Form I-360 from USCIS: Form I-360 (USCIS)
- Read the instructions and confirm the correct eligibility category.
- Prepare your personal declaration with specific events and dates.
- Gather supporting evidence (see checklist below).
- Complete the form carefully, using consistent names, dates, and addresses.
- Prepare translations for any non-English documents with a translator certification.
- Assemble the packet with a cover letter and exhibit list.
- Mail to the correct address listed in the I-360 instructions “Where to File.”
- Track your case through a USCIS online account at myUSCIS.
📋 Required Form: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (VAWA self-petition category) at Form I-360 (USCIS)
Required supporting documents (VAWA I-360)
Exact documents depend on whether you file as a spouse, child, or parent. USCIS expects enough to prove every legal element.
| Document | Required | Notes |
|---|---|---|
| Proof of your identity | Yes | Passport biographic page, government ID, and photos if available |
| Proof of abuser’s status | Yes | U.S. passport, birth certificate, naturalization certificate, or green card copy if available |
| Proof of qualifying relationship | Yes | Marriage certificate, birth certificate, adoption decree, or other civil records |
| Evidence of good-faith marriage (spouse cases) | Often | Joint lease, bank records, insurance, children’s records, photos, messages, affidavits |
| Proof of shared residence (where required) | Often | Leases, mail, bills, school records, letters showing the same address |
| Evidence of battery or extreme cruelty | Yes | Detailed declaration plus police, medical, counseling, shelter, court records, or third-party affidavits |
| Good moral character evidence (where required) | Often | Police clearances where appropriate, and disclosures of any arrests or convictions |
| Certified translations | If needed | Must include translator certification |
Common mistakes to avoid
- Sending a packet with generic affidavits and no real timeline
- Leaving address gaps that undermine shared-residence claims
- Submitting documents with conflicting dates across forms and declarations
- Forgetting translations or sending partial civil records
- Mailing to the wrong address or using an outdated form edition
- Paying the wrong fee or including a fee when none is required
Next steps: Download Form I-360 at Form I-360 (USCIS), confirm the correct “Where to File” address in the instructions, and build a packet with a clear timeline and well-labeled exhibits. Create an online account at myUSCIS to track receipt and notices. Verify the current fee rules for VAWA filings at USCIS fees before you mail the petition. Processing times and RFE rates vary by case facts and workload.
📋 Official Resources: Download forms at USCIS forms. Check processing times at USCIS processing times. Fees and processing times are subject to change—always verify current information at USCIS.
