Determining if the wait for VAWA processing is worth it depends on personal circumstances and the potential benefits, like independence and legal status. The Violence Against Women Act (VAWA) provides a lawful immigration route for victims of domestic abuse or cruelty without relying on their abusers to file immigration paperwork for them to obtain lawful status. Enacted in 1994, this Act has provided assistance to thousands of individuals. VAWA has changed how victims in abusive situations can get legal status without the control or participation of the abuser.
While processing generally takes around 26 months and can extend beyond 2.5 years, concurrent green card filers might receive work permits and travel authorizations within six months. However, the total wait can exceed three years. Assessing your situation and consulting a skilled immigration attorney is essential for personalized guidance. If you need help applying for a VAWA petition, there are a few things to know concerning your application.
The waiting time can take two years or more for many cases involving self-petitions. In the past, the processing times for USCIS's VAWA have varied. In May 2021, the USCIS started approving applications from the previous two years. You can find updated processing times on the USCIS website. Unfortunately, it can take a long time to review a self-petition. With that in mind, update your mailing address before processing the petition.
After your attorney files a self-petition, the USCIS will send you an official receipt. The receipt will prove that the USCIS has accepted your application. Many applicants in abusive relationships choose to give their address to their lawyers instead of their abusers to avoid alerting the individual to the application. The USCIS may also ask you for more information during this period.
The USCIS will issue an "establishment of prima facie case" notification if it determines that you have met all the requirements and the information is accurate. The USCIS has conducted a preliminary review of your packet and found that it contains all the necessary evidence.
The average processing time for a Violence Against Women Act (VAWA) application is approximately 26 months, with some cases taking over 2.5 years to approve. It's important to note that a green card application filed concurrently with a VAWA petition takes approximately one year longer than the VAWA case itself. Some applicants can expect wait times totaling over three years.
Here is the graph showing the VAWA processing times from 2020 to 2024. The processing times increased from around 36 months in 2020-2021, dropped slightly in 2022, and then rose again in 2023 and 2024, reaching an average of 40 months
Applicants for VAWA status should expect to wait at least two years for approval. However, those filing for a concurrent green card can expect to receive work permits and travel authorizations within six months. The scheduling of green card interviews typically takes between 24 and 30 months, with applicants with criminal records or other ineligibilities potentially facing longer waits. A skilled immigration attorney can help you determine whether you are eligible to apply concurrently or whether it's better to pursue your green card first and then apply for VAWA.
Each petition for VAWA is different, and the speed with which your case is considered and decided can be affected by a number of different circumstances. It is important to note that:
Anyone who is or has been a victim of extreme cruelty and/or abuse by a U.S. citizen or permanent resident family member may be able to self-petition under the Violence Against Women Act (VAWA). To qualify, you must show your relationship with the abuser and endure extreme cruelty or battery. While the VAWA title includes "women," men can also petition for themselves under VAWA. They will need to demonstrate the exact requirements listed above. Additionally, a spouse in a same-sex relationship has the ability to self-petition for VAWA.
Form I-360 lets you apply for a green card on your own, free from involving your abuser. This form is intended especially for domestic abuse victims who are wives or children of U.S. citizens or lawful permanent residents.
First, you have to finish and turn in Form I-360 together with supporting documentation. Documentation of the abuse—such as police reports, medical records, or affidavits from others who know about it—should be part of this proof. You will also have to verify your moral character and that your relationship with the abuser was real. USCIS will go over your application once you send it. Should authorized, you can then start applying for a green card, thus attaining legal permanent residency.
Under VAWA, self-petitioning can present you a number of advantages. Above all, it offers a route to legal status and protection free from depending on your abuser. This approach can enable you to overcome the control and anxiety sometimes accompanying abusive relationships. It also lets you pursue your own stability and future, therefore enabling you to reconstruct your life with more security.
While waiting for the approval of your Form I-485, Application to Register Permanent Residence or Adjust Status, you can request permission to work by filing Form I-765, Application for Employment Authorization.
If you must leave the United States temporarily on a pending Form I-485, you must file for advance parole by filing Form I-131. If you have pending Form I-485 and leave the United States without obtaining an advance parole document, the USCIS could determine that you have abandoned your application.
There is no interview for VAWA approval. Once USCIS approves your I-360 self-petition, they will next adjudicate your request to adjust your status to a lawful permanent address if you also filed an adjustment of status.
The Adjustment of Status adjudication generally will require you to appear for an interview at your local USCIS district office. The officer should only question you about your eligibility for adjustment of status at this time, not your VAWA status. The officer should not ask you about matters related to the I-360 petition because USCIS has already made that decision.
Sometimes, USCIS district officers may want to re-adjudicate I-360 petitions all over again. Therefore, it would be beneficial to have an inexperienced attorney present at the interview. With that, the lawyer can ensure the interview stays on topic and does not deviate to other matters.
Victims of abuse may already know the challenges of living with an abuser. Working with a reputable and experienced immigration attorney can help the victim secure a green card without relying on the abuser to petition for them. A skilled immigration attorney will walk the victim through the VAWA process with compassionate representation.
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