How Long Does It Take For A VAWA Petition To Be Approved?

Summary:

A VAWA petition (Form I-360) typically takes 12 to 24 months to process. Prima Facie Determination arrives in about 1–3 months. If eligible, applicants can file for adjustment of status, which may take an additional 12–20 months. While processing times vary, proper documentation and legal guidance can improve your outcome.

Abuse takes many forms: emotional, physical, or financial. For immigrant survivors, the fear of losing legal status adds another layer of trauma that can silence them or keep them trapped.

That’s why VAWA exists. It gives survivors the power to apply for legal status without their abuser’s help. This legal tool helps them take back control and start over safely.

What Is VAWA & Who Does It Protect?

The Violence Against Women Act (VAWA) offers a safe immigration path for individuals who have experienced abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child. It allows you to apply for legal status without relying on your abuser or informing them of the application.

VAWA is not limited to physical violence; it also includes emotional, verbal, sexual, and financial abuse. Many immigrants qualify without knowing it. If you’ve been harmed and feel trapped due to your status, this process may be your way forward.

Step 1. Filing The VAWA Petition (Form I-360)

This is your official self-petition. Form I-360 includes personal information, details about the abuser, proof of your relationship, and evidence of the abuse.

The more complete your filing, the fewer delays you’ll face. Supporting documents may include personal declarations, police or medical records, and therapy notes. These also include photos or emails, and witness letters.

Preparing and filing I-360 can take 1–3 months, depending on the strength and availability of documents.

Step 2. Prima Facie Determination

After submission, USCIS may issue a Prima Facie Determination letter. It confirms your case is strong enough for temporary public benefits. This step is important because it can provide early access to help.

Available assistance include state benefits (depending on where you live) and work authorization options (if paired with I-485). This letter also ensure the credibility that your case is serious.

You may receive this within 30 to 90 days after filing I-360.

Step 3. Full Adjudication Of I-360

This stage is the longest wait. USCIS will deeply review your case, examining each piece of evidence and confirming you meet all legal criteria. If something’s missing, they’ll issue a Request for Evidence (RFE).

How you respond to an RFE can make or break your case. During this phase USCIS checks for fraud or inconsistencies. It also reviews good moral character (background check).

If you lived with the abuser and entered the relationship in good faith, that must be shown. Estimated timeline is 12–24 months on average.

Step 4. Filing For Adjustment Of Status (I-485)

Once I-360 is approved, or sooner, if a visa is immediately available, you can apply for a green card. It is known as an adjustment of status. If you’re undocumented, a VAWA waiver can protect you from being denied for prior immigration violations.

What to submit:

• Form I-485.
• Evidence of I-360 approval.
• Proof of continuous presence.
• Waiver documents if necessary.
• Medical exam (Form I-693).

Most I-485 applications take 12–20 months to process.

Step 5. Work Authorization & Travel Documents

If you submit the Form I-485, you can also apply for Form I-765: Employment Authorization and Form I-131: Advance Parole for travel.

Employment authorization gives you the freedom to work and, with approval, visit loved ones abroad without risking your case. Timeline for EAD and travel: 5–8 months after filing.

Can USCIS Expedite A VAWA Case?

In urgent situations, such as danger, health issues, or child safety risks, USCIS may grant expedited processing. You must submit strong documentation showing the emergency.

For example, active domestic violence situations, medical crisis, and homelessness or financial collapse due to abuse. Expedited requests don’t guarantee approval. But they can place your case ahead in the queue.

What Happens After Application Approval?

Approval of your I-360 doesn’t give you a green card right away. You’ll need to apply separately for adjustment of status unless you already filed concurrently.

10-Year Green Card

Once you’re approved for permanent residency, you’ll receive a 10-year green card, granting you the right to work, live, and travel freely within the United States.

Protection From Deportation

Permanent residency also provides protection from deportation and gives you the opportunity to apply for U.S. citizenship after three to five years, depending on your eligibility category.

VAWA approvals are a major win, but you must stay engaged with your immigration goals to fully protect your future.

What If You Receive A Denial?

Denials can happen for reasons like insufficient evidence of abuse or missing proof of shared residence. Lack of good moral character also poses a problem, or incorrect relationship classification on your application.

If denied, you may still have options, such as filing a Motion to Reopen with new evidence, a Motion to Reconsider for legal errors, refiling, or appealing to the AAO.

Those in removal proceedings might also qualify for relief like cancellation of removal or asylum, depending on individual circumstances and eligibility under immigration law.

Table: Processing Time Summary

Total time: 2.5–4 years, depending on case details.

Legal Support Can Ease The Wait

This process is not just about forms; it’s about your life. An immigration lawyer ensures your petition is accurate, complete, and persuasive. It can significantly reduce delays and denials.

A lawyer can help you gather and organize sensitive evidence. They ensure waivers are filed correctly, and craft strong legal arguments demonstrating abuse and hardship in your VAWA case.

They can track important deadlines, respond to USCIS Requests for Evidence. They can also guide you toward citizenship after green card approval. VAWA is powerful, but it must be handled with care.

Emotional Health While Waiting

The VAWA journey is emotionally draining. Survivors face long periods of uncertainty, financial hardship, and often isolation. It’s crucial to build emotional strength and resilience while your case is pending.

Here are ways to care for yourself:

• Seek trauma-informed therapy.
• Join support groups for survivors or immigrants.
• Stay active with safe community organizations.
• Document everything to avoid feeling powerless.
• Give yourself credit for every brave step you take.

Healing isn’t linear, but it’s possible, and you’re already on the path.

Legal Terms Table For VAWA Petition

It’s A Marathon, Not A Sprint

VAWA petitions are life-changing, but they take time. You may wait up to four years for permanent residency. But every step is progress, and every document you submit is a piece of your strength.

Don’t be discouraged by the timeline. The system moves slowly, but it does move. With the right guidance, preparation, and patience, your path to safety and stability is within reach.

If you’re considering a VAWA petition or are already in the process, our compassionate team at Lincoln-Goldfinch Law in Austin, Texas, is here for you. Let us help you stay safe, informed, and empowered to take the next step toward freedom.