Basic Requirements: Self-Petitioning Spouse

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
  
  
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
  
  
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
  
  
• Is required to be a person of good moral character.
  
  
• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Basic Requirements: Self-Petitioning Child

• Must qualify as the child of the abuser as "child" is defined under immigration law.
  
  
• Any relevant credible evidence that can prove the relationship with the parent will be considered.

How Do I Apply for Benefits?

To self-petition, you must complete and file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and include all supporting documentation. Self-petitions are filed with the Vermont Service Center and should be sent by certified return receipt mail (or any other method providing assurance of receipt). Sending the Form I-360 to any other USCIS office will delay your application. You should keep a copy of everything you submit, including the application and all accompanying documents, in addition to the proof of mailing.