For many self-petitioners, receiving VAWA (Violence Against Women Act) approval on Form I-360 is a significant milestone, but not the end of the journey. Applicants often ask, "After VAWA is approved, how long does it take to get a green card?" The answer is not simple.
According to USCIS reports from January 2025, 80% of VAWA petitions are processed in approximately 41.5 months. However, the timeline for receiving a green card after approval varies depending on how your case was filed, processing backlogs, and the workload of your local field office. Let's break it down.
The Violence Against Women Act (VAWA) provides essential protections for individuals who have experienced abuse at the hands of a U.S. citizen or lawful permanent resident. Despite its name, VAWA protections apply to all genders, not just women.
Eligible applicants can use VAWA to file a self-petition (Form I-360) with U.S. Citizenship and Immigration Services (USCIS) and seek immigration relief independently of the abuser.
This legal pathway enables survivors of domestic violence, extreme cruelty, or abuse to independently pursue lawful permanent residency.
To qualify, applicants must generally show:
A qualifying relationship to a U.S. citizen or lawful permanent resident (spouse, parent, or child).
Evidence of abuse or extreme cruelty.
Proof of good moral character.
That the marriage (if based on a spousal relationship) was entered into in good faith, not solely for immigration purposes.
The VAWA process goes through several stages. Knowing what to expect at each step can help applicants prepare and avoid unnecessary delays.
Preparation and Filing
The process begins with gathering documentation such as proof of abuse, the qualifying relationship, and evidence of good moral character. Once this evidence is collected, your attorney files Form I-360 with supporting documents. This stage usually takes about one to two months.
Note: Since April 2024, USCIS has directed all new VAWA petitions to the Nebraska Service Center under the HART unit. This transition has caused longer queues as staff were trained and workflows adjusted, making accuracy at the initial filing more critical than ever.
Receipt Notice
Shortly after filing, applicants receive Form I-797C confirming that the petition has been received and assigned a case number. This step typically happens within one to two weeks.
Initial Review
Once the petition is logged into the system, USCIS begins a preliminary review. If documents are missing or unclear, a Request for Evidence (RFE) may be issued, which pauses the case until the applicant responds. This initial review phase often lasts between two and six months.
Prima Facie Determination
If the petition meets the basic eligibility requirements, USCIS issues a prima facie notice (Latin: “at first sight,” meaning an official USCIS letter confirming initial sufficiency). This document can allow access to certain public benefits depending on state law. On average, this stage may take three to nine months.
Important: Due to the HART transition, many applicants are currently experiencing longer waits for their prima facie notice compared to previous years.
Background Checks and Interviews
During the detailed review, USCIS conducts security checks and may schedule an interview. Because local field office backlogs can add delays, this step often requires six to twelve months.
Final Decision
USCIS eventually issues an approval or denial, typically twelve to eighteen months after filing. Approved applicants may then move forward with the adjustment of status process (Form I-485) if eligible.
In practice, USCIS data shows that the full I-360 adjudication can take over 41 months for 80% of cases filed in 2025, reflecting the backlog increase compared to FY 2023, when the median was closer to 30 months.
Step | Average Processing Time |
I-360 (VAWA Petition) | 18-24 months (case-level estimate) |
I-485 (Green Card Application) | 12*24 months |
FY 2023 Median (Spousal I-360s) | ~30.1 months (Vermont Service Center) |
USCIS Official Average (2025) | ~41.5 months (80% of petitions, HART) |
Total | 3-5 years (sometimes faster, often longer) |
For those moving to adjustment of status after I-360 approval, most VAWA-based I-485 cases take 12-24 months, though recent USCIS statistics (June 2025) show a median of 8.7 months for immediate relatives and about 15 months for other categories. Because VAWA cases are often more closely scrutinized, applicants usually experience the higher end of the range, especially if interviews are required.
After your I-360 petition is approved, the next step is filing (or moving forward with a pending one) Form I-485 to apply for permanent residency. There are two ways this usually happens:
Concurrent filing (I-360 and I-485 together): This option lets you apply for a work permit and advance parole earlier, but your green card cannot be approved until the self-petition is granted.
Sequential filing (I-360 first, then I-485): This may mean waiting longer for interim benefits like a work permit, but in some cases it allows USCIS to decide the green card application faster once the petition is approved.
Eligibility also depends on the status of the abuser:
If the abuser is a U.S. citizen, you are treated as an immediate relative, so a visa is always available and the adjustment process moves without quota restrictions.
If the abuser is a lawful permanent resident, your case falls under the F2A preference category, meaning you may need to wait until your priority date becomes current in the Visa Bulletin. This step can introduce additional delays even after I-360 approval. For the latest updates on F2A movement, see the September 2025 Visa Bulletin key updates.
To avoid unnecessary delays, it’s important to prepare filings carefully, attend biometrics appointments promptly, and work with a qualified immigration lawyer who can help you avoid common mistakes.
Several factors may extend the wait time:
RFEs (Request for Evidence): USCIS may ask for additional proof.
Biometrics and Interview Scheduling: Local office backlogs can add months.
High Workload at USCIS: Processing times change based on demand.
Background Checks: Extensive security or name checks may delay adjudication (the final decision on your case).
Policy Changes: New USCIS rules or executive orders can impact processing.
Address Issues: Missing or incorrect addresses can result in lost mail and serious delays.
While waiting, many applicants benefit from EAD (work permit) and Advance Parole (travel permit) approvals, which provide temporary relief before the Green Card arrives.
For many VAWA petitioners, the ability to work legally in the U.S. is just as important as the green card itself. While VAWA approval does not automatically provide a work permit, applicants may become eligible to apply under different categories depending on their situation:
When USCIS grants deferred action (a temporary protection from deportation): If your case receives deferred action status while the VAWA petition is pending or shortly after approval, you can apply for a work permit. In this scenario, it usually takes around three to six months from the time Form I-765 is filed until the card arrives.
When filing for Adjustment of Status: Applicants who submit Form I-485 (Adjustment of Status) together with or following their VAWA petition can also request employment authorization. In these cases, it often takes five to eight months after filing the I-485 and I-765 together to receive the work permit.
Important: USCIS does not issue an EAD simply because a VAWA petition is approved. A separate Form I-765 must be submitted under the correct eligibility category. Getting help from mandamus lawyers can reduce mistakes and prevent delays.
Even with a strong petition, some VAWA cases remain pending for years without a decision. If your case seems stalled, there are a few options to consider:
Congressional Assistance: You may ask your local Congressional representative to inquire with USCIS on your behalf. While not always effective, it can sometimes move a delayed case forward.
Not: You can look up your local House Representative using the official House.gov representative finder, or check the full list of U.S. Senators by state on Senate.gov
Expedite Request: USCIS may allow expedited processing if you face urgent humanitarian circumstances, severe financial loss, or if there is a clear USCIS error.
Mandamus Lawsuit: As a last resort, you can file a federal mandamus lawsuit to compel USCIS to act on your case. This legal tool often forces the agency to make a decision within a few months.
To understand how mandamus lawsuits can help and what the typical outcomes look like, check out our detailed guide on mandamus lawsuit success rates.
Getting a Green Card after VAWA approval requires patience. While some receive it within a year, the reality for most applicants is a waiting period of 1-3 years after I-360 approval, and in many cases up to 5 years for the entire process.
If you are wondering “after VAWA approved how long for green card”, the honest answer is that it depends on USCIS processing times, your filing strategy, and the workload at your local field office.
Good news is that once your VAWA petition is approved, you are already on the right path. By staying informed, keeping your documents updated, and working with an immigration lawyer, you can manage the timeline more smoothly.
Need guidance on your VAWA or Green Card case? Contact our team today for a personalized case review.
How soon will I be called for biometrics after filing VAWA?
Usually within one to two months of submitting Form I-360 (and Form I-485 if filed together). At this appointment, USCIS collects fingerprints, a photo, and your signature to run the required background checks.
Can USCIS deny a VAWA petition?
Yes. A case may be refused if the applicant does not meet VAWA eligibility, if the evidence of abuse is considered insufficient, or if an RFE (Request for Evidence) is ignored. Having strong documentation and legal guidance reduces these risks.
Am I allowed to travel while my VAWA case is pending?
Not unless you also hold Advance Parole based on a pending adjustment of status. Leaving the U.S. without it can result in USCIS treating your application as abandoned.
What’s the difference between VAWA and a U visa?
VAWA: For individuals abused by a U.S. citizen or permanent resident spouse, parent, or adult child. It allows self-petitioning for permanent residency.
U Visa: For victims of certain qualifying crimes who assist law enforcement in investigations or prosecutions. U visas are subject to annual limits and generally involve a longer waiting period.
How long does it take after receiving prima facie determination to get a decision?
The prima facie notice only confirms your petition is strong enough for temporary benefits. Final adjudication usually follows a year or two later, depending on USCIS workload, case complexity, and whether additional evidence is needed.
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