Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.

1. Must be legally married to the U.S. citizen or lawful permanent resident batterer.

Note: A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing or if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

2. Must have been battered in the United States

3. Must have been battered or subjected to extreme cruelty during the marriage

4. Is required to be a person of good moral character.

5. Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.

Child:  You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.

1.      Must qualify as the child of the abuser as "child" is defined in the INA for immigration purposes.

2.      Any relevant credible evidence that can prove the relationship with the parent will be considered

Prima Facie Determination: USCIS reviews each petition initially to determine whether the self-petitioner has established a “prima facie” case by addressing each of the requirements listed above and has provided some supporting evidence. If USCIS makes a prima facie determination, the self-petitioner will receive a Notice of Prima Facie Determination valid for 150 days. This notice can then be presented to state and federal agencies that provide public benefits.

Approved Self-petition: If the I-360 self-petition is approved, USCIS may exercise the administrative option of placing the self-petitioner in deferred action, only if the self-petitioner does not have legal immigration status in the United States.  Deferred action means that USCIS will not initiate removal (deportation) proceedings against the self-petitioner. Deferred action decisions are made by the Vermont Service Center (VSC) and are granted in most cases, valid for approximately 27 months for those eligible to adjust status but his/her adjustment application has not been yet approved.

Employment Authorization Card: You are also eligible to file for employment authorization only if you’re concurrently filing I-485, Application to Adjust Status with the I-360, Battered Spouse Petition.  The employment authorization will be approved within 1-3 months of submitting the application.

Process:  You should concurrently file Form I-360, Battered Spouse Petition and I-485, Adjustment of Status Application including all supporting documents to clearly establish the extreme mental and physical cruelty s/he was subjected to during the relationship.  The supporting documents must be substantial and in the form of affidavits, police reports, pictures, medical documents, etc.