If you or a loved one has suffered abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child, the Violence Against Women Act (VAWA) offers a way to self-petition for a green card and work authorization without the abuser’s help. VAWA covers “battered” spouses, children, and parents who have endured battery or extreme cruelty.
For example, you may qualify if you are (or were) married to a U.S. citizen/LPR who abused you, an unmarried child under 21 abused by a U.S. citizen/LPR parent, or a parent abused by your U.S. citizen child. You can even include your own unmarried children on your petition if they haven’t filed separately.
Once your VAWA petition (Form I-360) is approved, USCIS automatically considers you for an Employment Authorization Document (EAD or work permit) if you requested it. However, obtaining that EAD involves additional steps, so it’s important to know the timeline and requirements.
Who Qualifies for a VAWA Self-Petition?
To file under VAWA, you must be the victim of abuse by a U.S. citizen or lawful permanent resident relative. In practice, this means:
- Battered Spouse: You or a former spouse, under certain conditions, were married to a U.S. citizen or LPR abuser. Your own unmarried children under 21 can usually be included on your petition if they haven’t applied on their own.
- Abused Child: You are an unmarried child (under 21) abused by a U.S. citizen or LPR parent. In this case, you can self-petition for yourself and include any of your own children.
- Abused Parent: You are a parent (age 21+) of a U.S. citizen child who abused you.
In all cases, you must prove the abuse (battery or extreme cruelty) and your qualifying relationship. Unlike many family-based petitions, your abuser’s consent or participation is not required.
VAWA Petition & Processing Steps
The VAWA process begins with Form I-360 self-petition. You compile evidence of your relationship and abuse photos, affidavits, medical records, etc. and file with USCIS. You’ll get a receipt notice in about 1–2 weeks.
Initial Review (2–6 months): USCIS reviews your I-360 and may issue a Request for Evidence (RFE) if documents are missing or unclear. Responding quickly to any RFE is crucial to avoid delays.
Prima Facie Determination (3–9 months): If your petition initially meets basic requirements, USCIS will issue a prima facie notice. This is not a final approval, but it means USCIS has found your evidence credible on its face. A prima facie notice can help you qualify for certain benefits, like some state-level assistance, and may support applying for a deferred-action EAD.
Final Decision on I-360 (12–24 months): After full adjudication, USCIS will approve or deny the petition. As of 2025, about 80% of VAWA I-360 petitions reach a decision in roughly 41.5 months. In practice, this often means 1–2 years after filing, with even longer waits if RFEs or background checks occur.
If your I-360 is approved and a visa is available, you can pursue a green card (Adjustment of Status) by filing Form I-485. Spouses and unmarried children of U.S. citizens are considered “immediate relatives,” so they can often file I-485 concurrently with the I-360, known as concurrent filing. For example, a battered spouse of a U.S. citizen can submit I-360 and I-485 together, which speeds up the process. Otherwise, you can file an I-485 after an I-360 approval once any visa backlog clears. USCIS then takes another 12–24 months to process the green card after the I-485 filing.
VAWA Work Authorization (EAD) Process
After the I-360 is filed or approved, you must apply separately for work authorization. USCIS treats VAWA cases specially: if you requested an initial EAD on your I-360, they will consider you for employment authorization automatically upon approval. If you didn’t, you must file Form I-765 after approval to get an EAD. In either case, always mail your I-765 to the Vermont Service Center as USCIS directs.
There are different USCIS eligibility categories for VAWA EADs:
C31 (VAWA Self-Petitioner): The standard category for a VAWA applicant not yet adjusting status. Importantly, USCIS now allows a 540-day automatic extension for a timely-filed EAD renewal under C31. This means you can keep working on an extended basis while your renewal is pending.
(c)(9) Pending Adjustment EAD: If you file Form I-485, Adjustment of Status concurrently or after I-360 approval, your I-765 is granted under category (c)(9). Current USCIS goals suggest processing a (c)(9) EAD in roughly 5–8 months.
(c)(14) Deferred Action EAD: In some cases, USCIS grants deferred action during your VAWA case, for example, if you are in removal proceedings or on humanitarian grounds. You can then apply for an EAD under (c)(14). The timeline here is about 3–6 months after filing the I-765.
You cannot get a work permit simply by having a pending I-360. USCIS explicitly warns that a work permit won’t be issued “based solely on a pending VAWA petition” unless they grant you deferred action. Likewise, an approved VAWA petition doesn’t automatically give you an EAD; you must file Form I-765 under the correct category.
Once your I-765 is filed, USCIS will process it in tandem with other cases. As a practical matter, expect several months for an EAD. For example, the Vermont Service Center is currently processing (c)(9) Adjustment EADs in about 7 months and other I-765s around 8–9 months. Also, be ready for a USCIS biometrics appointment roughly 4–8 weeks after you file I-360 (and I-485, if filed).
Typical Processing Times (2025)
Putting it all together, here are ballpark timelines you might experience in 2025:
- I-360 Self-Petition: ~3–4 years, most reach a decision in ~41.5 months. Be prepared for USCIS to take 12–24 months or more.
- I-360 Receipt to Prima Facie: ~3–9 months.
- I-360 Approval to I-485 Filing: If concurrent, immediately; if not, once visa is available (varies).
- Biometrics Appointment: ~1–2 months after filing I-360/I-485.
- I-485 (Adjustment): ~12–24 months from I-485 filing, sometimes quicker for immediate relatives.
- I-765 EAD: ~5–9 months after filing, depending on category.
- Green Card after I-485: Another ~1–2 years after I-485, depending on backlog.
Keep in mind these are averages. Many factors can speed up or slow down your case: for example, complete evidence tends to avoid RFEs, while delays or missing documents add months. Because processing times can fluctuate, USCIS recommends checking Case Status Online regularly for your receipt numbers.
Additional Considerations
Evidence and RFEs: USCIS will scrutinize your VAWA petition. Failure to provide clear proof of abuse or your relationship often triggers RFEs, which can add months. Make sure to include medical/police records, affidavits, photos, and any supporting documents from the start.
Requesting an EAD: To save time, request the EAD on your I-360 and follow USCIS instructions Vermont Service Center. If you miss that, file I-765 promptly after approval. Double-check that you include the correct fee or fee waiver request for 2025, since USCIS has announced new filing fees taking effect mid-2025.
Concurrent Filing: If your abuser is a U.S. citizen or an immediate relative, you can concurrently file I-360 and I-485. This is often advisable: it lets you apply for adjustment and the (c)(9) EAD sooner. If your abuser is only a green card holder, you must wait for a visa number, which can delay the adjustment.
Children and Derivatives: USCIS explicitly allows derivative children to get work permits. Once your I-360 is approved, your unmarried children under 21 (included on your petition) can each file their own I-765 to get an EAD. This means the whole family can legally work.
Waivers and Other Rules: VAWA applicants are exempt from the “public charge” rule, so using public benefits shouldn’t hurt your case. If you have unlawful presence or other inadmissibility issues, you may still need a waiver (Form I-601) at the adjustment stage. It’s best to discuss these issues with an attorney.
EAD Validity: As of late 2023, USCIS increased the maximum EAD validity to 5 years for adjustment-based categories. This means a (c)(9) work permit can now be issued for up to 5 years at a time, reducing the number of renewals. VAWA EADs (C31), however, remain subject to the 540-day extension rule on renewal.
Expedited Processing: In rare emergency situations, e.g. urgent medical needs or threats, you can request USCIS expedite for your VAWA case. Qualifying criteria include extreme financial loss or urgent humanitarian reasons. USCIS grants these requests on a discretionary, case-by-case basis, so having strong supporting evidence is crucial.
Getting Help and Next Steps
Navigating timelines, evidence requirements, and USCIS forms can feel overwhelming, especially while recovering from abuse and planning your future. Whether you’re filing your first petition or preparing to adjust status, the right legal strategy protects your ability to work and stay in the United States. Our goal is to keep you eligible, prepared, and supported while we handle the details.
The Chidolue Law Firm will review your eligibility, gather persuasive documentation, respond to RFEs, and guide you through each filing from the I-360 petition to the I-765 work permit and eventual green card process. Our team focuses on helping survivors avoid costly delays, maintain work authorization, and plan for long-term security without risky DIY mistakes.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
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Let’s move your VAWA case forward with clarity and compassion so you can focus on healing, stability, and building a secure life in the United States while we protect the legal path ahead.
