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You are looking for one thing on this page, so we will get to it.
There are three situations where the relationship has ended and a self-petition is still possible, and each one carries a two year window. One of them is probably yours.
Here is what almost every page you will find gets wrong about them.
The Three Windows
If you divorced him. Two years, running from the date the marriage was legally terminated.
If he died. Two years, running from the date of death.
If he lost or gave up his citizenship or his green card. Two years, running from the date that status was lost or renounced, and the loss has to be related to an incident of domestic violence.
All three are two years, and the same structure applies to you whether he was a citizen or a permanent resident.
Where the Clock Starts, and Where It Does Not
This is the part that sends people to the wrong conclusion in both directions.
The clock does not run from the abuse.
It does not run from the day you left.
It does not run from the last time you saw him, or from the day you moved, or from when the restraining order was entered.
It runs from the divorce, the death, or the loss of status. That specific legal event, on the specific date it happened in your case.
Some people think they are years past a deadline they have not actually started. Others think they have time because they are counting from something that is not the trigger. Both of those are the same mistake with opposite outcomes.
The Requirement Almost Every Page Drops
Here is the one that matters most, and you will not find it on most pages that describe the divorce window.
It is not enough that a divorce happened inside two years. The statute requires showing a connection between the divorce and the battering or the extreme cruelty.
A divorce that happened for reasons unrelated to the abuse does not, on the face of the statute, do the work for you.
A page that tells you “you have two years after a divorce” and stops there is telling you something incomplete about the most consequential date in your case. That is not a small editing lapse. It leads people to believe they have something they may not have, and to wait.
Note that the death window is different on this point. If that is your situation, no connection to the death itself has to be shown. The abuse is still its own separate element.
What This Page Will Not Do
It will not tell you whether you are too late. That turns on exact dates, on which of the three situations is yours, and on facts about a connection that nobody can assess from a description.
And there is no version of this where we put a countdown on you. No banner, no clock, no “act before.” You have been pressured enough. What you get here is the information, stated correctly, so that you can decide when to make a phone call.
If the dates are close, that is worth knowing sooner rather than later. That is a fact about arithmetic, not a sales tactic, and it is the last we will say about it.
Everything You Tell Us Is Confidential
Everything you tell us is confidential. Give us the best number to reach you and the best time to call, so we contact you when it is safe for you to talk.
This filing happens without him.
And the mail does not have to come to your house. Immigration correspondence can be sent to your lawyer’s address, or to another address you give, instead of the one you live at.
Two Other Things Worth Knowing
The abuse element is broader than most people think. If the reason you have not called is that he never hit you, that is a different misunderstanding and it has its own page: does psychological abuse count.
And a self-petition is not a case in immigration court. If immigration has already started a case to remove you from the country, that is different work and this office does not do it, though we will help you find someone who does it for you. The self-petition itself is still something we can file for you.
More on how a self-petition works: the VAWA self-petition.
When It Is Safe for You to Talk
If you are in danger right now, call the National Domestic Violence Hotline at 1-800-799-7233. They answer 24 hours a day, in English and in Spanish.
When you are ready to talk about the immigration side, call the office at 806-799-3379, or text 806-758-7665 if a call is not safe.
Tell us the best number and the best time. We will reach you then.
Law Office of Gilda McDowell.
This page explains the law. It is not legal advice and it does not tell you whether you qualify or whether any deadline has passed in your situation. Nothing on this page creates an attorney-client relationship. Immigration law changes, and the rules described here can change after this page was written. Everything here was verified against the primary sources on August 29, 2026.