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For people seeking immigration protection through the Violence Against Women Act (VAWA), one of the hardest parts of the process can be waiting for a decision. A VAWA self-petition allows certain victims of abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child to seek immigration benefits without relying on the abusive family member to file a petition for them.
But how long does a VAWA petition take to process?
There is no single timeline that applies to every case. USCIS processing times for VAWA self-petitions can be lengthy and may change over time. The complexity of the case, the evidence submitted, requests for additional evidence, and USCIS workload can all affect how long it takes to receive a decision.
Understanding the different stages of a VAWA case can make the waiting period easier to navigate.
What Is a VAWA Self-Petition?
VAWA provides an immigration option for certain people who have experienced battery or extreme cruelty by a qualifying family member. Importantly, VAWA protections are not limited to women. Eligible men, women, and children may qualify depending on their circumstances.
Instead of depending on the abusive relative to submit an immigration petition, an eligible person may be able to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a VAWA self-petitioner.
The process is confidential, and applicants do not need the abusive family member’s participation in the self-petition.
You can learn more about eligibility and the legal requirements on our VAWA immigration services page.
How Long Does a VAWA Petition Take?
VAWA cases can take significantly longer to process than many people expect. USCIS does not guarantee a specific processing time for an individual I-360 petition.
Historical USCIS data illustrates how much these cases can vary. In fiscal year 2023, USCIS reported median processing times of approximately 30 months for VAWA self-petitioning spouses and children, and approximately 23 months for VAWA self-petitioning parents. These figures are historical and should not be treated as a prediction for a current case.
USCIS has also acknowledged that VAWA self-petitions can experience lengthy processing times and created the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center to handle certain humanitarian workloads, including VAWA-based I-360 petitions.
Because processing times can change, applicants should check the current USCIS processing information rather than relying on an older estimate found online.
What Can Affect VAWA Processing Time?
Several factors can influence how long it takes USCIS to make a decision on a VAWA self-petition.
The Evidence in the Case
VAWA cases require documentation supporting the applicant’s eligibility. This can include evidence concerning the qualifying relationship, abuse or extreme cruelty, the applicant’s residence with the abuser, and other eligibility requirements.
A well-prepared petition with organized supporting evidence can help USCIS evaluate the case. However, strong documentation does not guarantee a particular processing time.
Requests for Additional Evidence
USCIS may send a Request for Evidence (RFE) if it needs additional information or documentation before making a decision.
Responding to an RFE adds another step to the process and can extend the overall timeline. The response must also be submitted within the deadline provided by USCIS.
If you receive an RFE in a VAWA case, it is important to understand exactly what USCIS is requesting before responding.
USCIS Workload
Processing times can change as USCIS workloads and staffing change. Humanitarian cases may also be handled through specialized procedures and service centers.
For this reason, a processing estimate from several months ago may no longer reflect the current situation.
What Happens While a VAWA Petition Is Pending?
A VAWA self-petition does more than start an immigration case. Depending on the circumstances, an applicant may have other immigration options or protections available while the I-360 is pending.
However, filing a VAWA petition does not automatically grant lawful permanent resident status.
For some applicants, the next stage may involve applying for adjustment of status if they are eligible. Others may need to pursue a different immigration process depending on their circumstances.
Our adjustment of status services can provide more information about this process.
What Happens After a VAWA Petition Is Approved?
An approved VAWA I-360 is an important step, but it may not be the final step toward permanent residence.
What happens next depends on the applicant’s circumstances, including whether an immigrant visa is immediately available and whether the person is eligible to adjust status inside the United States.
Some applicants may need to file additional applications with USCIS, while others may need to complete immigrant visa processing through a U.S. consulate abroad.
If you are pursuing permanent residence through a VAWA case, our green card services can help you understand the next stage of the process.
Can a VAWA Case Be Expedited?
Applicants understandably want to know whether there is a way to speed up a VAWA petition. USCIS does have procedures for requesting expedited processing in certain circumstances, but an expedite request is not automatically granted simply because a case has been pending for a long time.
USCIS evaluates expedite requests under its applicable criteria. A request should be supported by evidence showing why the case may qualify.
Because VAWA cases involve sensitive circumstances, it is important to look at the facts of the individual case before deciding whether an expedite request is appropriate.
What If My VAWA Petition Is Taking Too Long?
A long wait does not necessarily mean there is a problem with your case. VAWA processing can take a substantial amount of time, and processing estimates are not guarantees.
However, if your case has been pending significantly longer than the applicable USCIS processing timeframe, there may be steps you can take to request information about the case.
An immigration attorney can review your case history and help determine whether additional action may be appropriate.
Avoid sending repeated inquiries without first understanding your case status. Depending on the circumstances, an attorney may be able to help you determine the most appropriate way to follow up with USCIS.
Why Legal Guidance Matters in a VAWA Case
VAWA cases are different from many other family-based immigration cases because the applicant is often dealing with both an immigration matter and the consequences of an abusive relationship.
The legal requirements can also be complicated. A petition must establish the necessary elements of eligibility and be supported by appropriate evidence.
An immigration attorney can help you:
- Determine whether you may qualify for VAWA protection
- Prepare the Form I-360 and supporting documentation
- Organize evidence related to the qualifying relationship and abuse
- Respond to a Request for Evidence
- Understand your options after an I-360 approval
- Determine whether adjustment of status or consular processing may apply
- Address immigration complications that could affect your case
The Law Office of Nancy Reyes Guarderas, A.P.C. represents clients in VAWA and other immigration matters. The firm’s VAWA practice focuses on helping eligible abuse survivors pursue immigration options without depending on the abusive family member.
Get Help With Your VAWA Case
Waiting for a VAWA decision can be difficult, particularly when your immigration future depends on the outcome. While there is no guaranteed processing time, understanding the stages of the process and keeping track of your case can help you make informed decisions.
If you are considering a VAWA self-petition or already have a pending case, an immigration attorney can review your circumstances and explain what options may be available.
Contact Abogada Nancy to schedule a consultation about your VAWA case.
