If you are a Guatemalan who was subjected to battery or extreme cruelty by your US citizen or permanent resident husband, wife or parent, or by your US citizen son or daughter aged 21 or older, the Violence Against Women Act (VAWA) lets you file your own immigrant petition on Form I-360 without the abuser’s knowledge or consent. What USCIS asks you to show is a qualifying family relationship, battery or extreme cruelty, shared residence and good moral character (plus a good-faith marriage for spouses), and an approved petition gives immigrant classification, the step toward a Green Card.
USCIS describes the reason for the law: petitioners may misuse the family process by threatening to withhold or withdraw a petition to control, coerce and intimidate their relatives. VAWA allows a victim to file “without the abuser’s knowledge, consent, or participation in the immigration process”.
Quick summary: VAWA self-petitioners are abused spouses (including former and intended spouses) and children of US citizens or permanent residents, and parents of US citizen sons or daughters aged 21 or older. You must show the relationship, battery or extreme cruelty during it, that you lived with the abuser, good moral character and, for spouses, a good-faith marriage. File Form I-360 (edition 01/20/25) at $0. Former spouses have a 2-year window after a divorce connected to the abuse. From Guatemala you can file only if the abuser is a US government employee or armed forces member, or the abuse happened in the United States. Evidence suggested includes a police clearance from every place lived 6+ months in the last 3 years, Guatemala included. An approved I-360 is not a status; it lets you apply for a Green Card.
Who can file
| You are | Abuser | Extra conditions (USCIS VAWA page) |
|---|---|---|
| Spouse | US citizen or permanent resident spouse | You may also file if the spouse abused your child; you may include your unmarried children under 21 |
| Former spouse | US citizen or permanent resident | Marriage ended by death (US citizen only) or by divorce related to the abuse within 2 years before filing, or abuser lost or renounced status within 2 years due to domestic violence |
| Intended spouse | US citizen or permanent resident | You believed you were legally married, but the marriage was invalid solely because of the abuser’s bigamy |
| Child | US citizen or permanent resident parent | Unmarried and under 21; or after 21 but before 25 if the abuse was the main reason for the delay |
| Parent | US citizen son or daughter aged 21 or older | You cannot include derivative beneficiaries |
The eligibility requirements
USCIS says you are eligible if you demonstrate:
- A qualifying relationship from the table above.
- Battery or extreme cruelty by your US citizen or permanent resident relative during the relationship. A spouse may also qualify if the abuser subjected your child to it.
- Shared residence: you reside or have resided with the abusive relative.
- Good moral character.
- Good-faith marriage (spouses only): you married in good faith and not to evade immigration laws.
USCIS adds that in certain circumstances you may remain eligible if the abuser lost or renounced US citizenship or permanent residence, or died. The I-360 instructions list one more element: you must be eligible for immigrant classification based on that relationship.
Filing from Guatemala: the three-case rule
USCIS sets a narrow rule for anyone living outside the United States when filing. In addition to the requirements above, you must show one of these:
| Living-abroad condition | Source wording |
|---|---|
| The abuser is a US government employee | VAWA page and I-360 instructions |
| The abuser is a member of the US armed forces | VAWA page (the I-360 instructions say uniformed services) |
| The abuse happened in the US | “You were subjected to battery or extreme cruelty in the United States” |
If your I-360 is approved and you are outside the US, USCIS sends the petition to the National Visa Center (NVC), which forwards it to the appropriate US consulate when a visa becomes available, and you are notified about how to proceed; USCIS calls this consular processing.
Evidence, including Guatemalan documents
The I-360 instructions let you file with any credible relevant evidence, and say USCIS alone decides what is credible and how much weight it gets. The suggested evidence is:
| Requirement | Suggested evidence (I-360 instructions) | Guatemala note |
|---|---|---|
| Abuser’s status | Evidence of the abuser’s US citizenship or permanent residence | |
| Relationship | Marriage and divorce decrees, birth certificates or other proof | Spanish-language records need a certified English translation |
| Shared residence | Employment records, utility receipts, school, hospital or medical records, children’s birth certificates, mortgages, rental records, insurance policies or affidavits | |
| Abuse | Reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers; copies of any protection order | |
| Good moral character (14 and older) | Your affidavit with a police clearance, state criminal background check or similar report from each place you lived 6+ months in the 3 years before filing | Includes a Guatemalan locality where you lived 6+ months in that period |
| Good-faith marriage (spouses) | Insurance policies, leases, tax forms or bank statements listing you as spouses; affidavits about courtship, wedding and shared life |
The good-moral-character rule reaches abroad: the instructions ask for a clearance “from each locality or state in the United States or abroad where you have resided for six or more months during the 3-year period immediately before the filing of your self-petition”. How to get Guatemalan police and criminal records while in the US is in our guide to Guatemalan background records from the USA. Spanish documents need a full English translation with the translator’s signed certification; see the RENAP certificate translation template for USCIS.
Forms, fee and where to file
| Item | Detail |
|---|---|
| Form | I-360, Petition for Amerasian, Widow(er), or Special Immigrant, edition 01/20/25 |
| Fee | $0 as a VAWA self-petitioner (USCIS VAWA page) |
| Which part to complete | VAWA self-petitioners complete Part 3 and may give an alternate or safe address in Part 1, Item 7 |
| Work permit | Check the box on the I-360 to be considered automatically for an initial work permit upon approval |
| Where to mail | The I-360 address page sends VAWA filings to the USCIS page of filing addresses for VAWA, T and U forms |
That VAWA/T/U address page (last reviewed October 7, 2026) changed the filing locations on October 7, 2026, with a 30-day grace period for forms postmarked on or before November 9, 2026 and sent to a prior filing location. It assigns the USCIS Dallas, Phoenix or Chicago Lockbox by US state or territory of residence. We did not find a row for filers living outside the United States on that page on October 15, 2026; a filer in Guatemala should check it before mailing. You do not need a fee waiver (Form I-912) for the I-360 itself.
After you file
- Prima facie notice and benefits. If you show prima facie eligibility, USCIS issues a Notice of Prima Facie Case. Self-petitioning spouses and children (and derivative children) count as qualified aliens for certain federal and state benefits; self-petitioning parents do not.
- Interviews. USCIS has authority to request an interview from anyone filing for a benefit (8 C.F.R. 103.2(b)(9)); VAWA interviews take place at the field office with jurisdiction over your residence. USCIS says officers with specialized training, including trauma-informed techniques, conduct them, and failure to appear may result in denial of the self-petition and adjustment application.
- Approval is not status. “If your Form I-360 is approved, it does not provide immigration status to you and your derivative beneficiaries”. It gives immigrant classification. If you are in the US, USCIS may consider you for deferred action case by case.
- Work permit. If you checked the I-360 box, USCIS considers you for a work permit upon approval and you do not need a separate I-765; otherwise you must file Form I-765 after approval. The VAWA/T/U filing-locations page lists Form I-765 among the forms whose filing location changed on October 7, 2026. Derivative children file their own I-765.
- Green Card. In the US with a visa immediately available, you can file Form I-485 together with the I-360, while it is pending, or after approval. For visa availability, USCIS points to its priority-date pages and the State Department Visa Bulletin; see our guide to the Visa Bulletin for Guatemalan family petitions.
- Children. Derivative children get the same classification and priority date. You may add an eligible child, including one born after approval, when you apply for permanent residence, without a new petition.
Related guides
VAWA’s relationship requirement covers only the relatives in the table above. If you hold a conditional Green Card through marriage, see our guide to removing residence conditions (Form I-751). Separate programs are covered in our guides to the U visa and the T visa.
Help and safety
USCIS lists the National Domestic Violence Hotline: 800-799-SAFE (7233) or 800-787-3224 (TTY) for help and support for victims of domestic violence. For consular help when a relative is detained or hospitalized, see consular assistance if detained or hospitalized; for local legal steps in Guatemala, see hiring a lawyer in Guatemala from the USA.
Sources
- USCIS, Abused Spouses, Children and Parents (last reviewed 06/26/2026): https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents
- USCIS, Form I-360 page: https://www.uscis.gov/i-360
- USCIS, Instructions for Form I-360 (edition 01/20/25): https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf
- USCIS, Direct Filing Addresses for Form I-360 (last reviewed 10/07/2026): https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-360-immigrant-petition-for-amerasian-widower-or-special-immigrant
- USCIS, Filing Addresses for Certain Forms Filed in Connection With a VAWA, T, or U Visa Application/Petition (last reviewed 10/07/2026): https://www.uscis.gov/Certain-VAWA-T-U-Filing-Locations
All sources checked October 15, 2026. This page explains official rules; it is not legal advice. More guides in our diaspora section and consulates hub.
Frequently Asked Questions
Who can file a VAWA self-petition?
Per the USCIS page on abused spouses, children and parents (last reviewed June 26, 2026): the abused spouse or former spouse of a US citizen or permanent resident (including when the abuser harmed your child); an abused unmarried child under 21 of a US citizen or permanent resident parent, or a child filing after age 21 but before age 25 if the abuse was the main reason for the delay; and the parent of a US citizen son or daughter who is 21 or older and abused you.
Do I need a police report for VAWA?
The VAWA eligibility requirements on the USCIS page are a qualifying relationship, battery or extreme cruelty, shared residence, good moral character and, for spouses, a good-faith marriage. The I-360 instructions say you may file with any credible relevant evidence, and suggest evidence of the abuse such as reports and affidavits from police, judges and court officials, medical personnel, school officials, clergy and social workers, plus copies of any protection order. Separately, filers aged 14 or older are asked for a police clearance or similar report to support good moral character.
How much does a VAWA self-petition cost?
$0. The USCIS VAWA page says filing Form I-360 as a VAWA self-petitioner carries no fee.
Will my abuser find out that I filed?
VAWA lets you petition without the abuser’s knowledge, consent or participation in the immigration process. You can give USCIS an alternate or safe mailing address in Part 1, Item 7 of Form I-360, such as a post office box, a friend’s address, your attorney or a community organization. USCIS mails interview notices to the safe address.
I am divorced from my abuser. Can I still file?
Yes, within limits. You remain eligible if the marriage was legally ended by divorce for reasons related to the abuse within the 2 years before filing, if a US citizen abuser died within that period, or if the abuser lost or renounced status within 2 years due to an incident of domestic violence. The I-360 instructions add that a self-petitioning spouse may remarry after USCIS approves the self-petition.
I went back to Guatemala. Can I file VAWA from there?
Only in three situations listed by USCIS: your abusive relative is a US government employee, your abusive relative is a member of the US armed forces (uniformed services in the I-360 instructions), or you were subjected to battery or extreme cruelty in the United States. If approved while outside the US, the petition goes to the National Visa Center and then to the US consulate when a visa becomes available.
Do I need a Guatemalan police record?
If you are 14 or older, the I-360 instructions suggest an affidavit of good moral character with a police clearance, state criminal background check or similar report from each locality or state, in the United States or abroad, where you lived for six or more months during the 3 years before filing. If you lived six or more months in a Guatemalan locality in that period, that means a Guatemalan record. The instructions also note that a VAWA self-petitioner may submit any relevant credible evidence in place of the suggested evidence.
Does an approved VAWA petition give me a Green Card?
Not by itself. USCIS says an approved I-360 does not provide immigration status; it gives immigrant classification so you and your derivative children may be eligible to apply for permanent residence. If you are in the US and a visa is immediately available, you can file Form I-485. You can request a work permit by checking a box on the I-360.
