What Is the 2-Year Rule for VAWA?

The 2-Year Rule for VAWA (Violence Against Women Act) refers to a special provision that allows certain self-petitioners to still qualify for VAWA protection even if the abusive U.S. citizen or lawful permanent resident (LPR) has lost their immigration status, under specific circumstances.

According to this rule, you may still file a VAWA self-petition within two years of the abuser losing their U.S. citizenship or green card if the loss of status was connected to an incident of domestic violence or abuse. This applies, for example, if the abusive spouse lost their status because they were convicted of a domestic violence-related crime or were deported due to abuse-related conduct.

Key Points:

• The abuser must have been a U.S. citizen or a lawful permanent resident at the time of the abuse.
• You must file your Form I-360 VAWA self-petition within 2 years of the abuser’s loss of status.
• The loss of status must be connected to an incident of abuse, not unrelated reasons like voluntary abandonment of status or unrelated criminal conduct.
• You still need to meet all other VAWA requirements (e.g., proof of abuse, relationship, good moral character).

This rule is designed to protect survivors of abuse and ensure they are not penalized due to the abuser’s loss of status when that loss is tied to the abuse.