Filing a VAWA self-petition is a significant step toward gaining lawful permanent residence in the U.S. for survivors of domestic violence, extreme cruelty, and abuse. Many abused spouses, children, and parents of U.S. citizens and lawful permanent residents rely on this legal pathway for protection and stability.
However, what happens next? Many applicants expect quick approval, but the immigration process generally requires several steps before a final decision is made. The waiting period, evidence requirements, and background checks can be overwhelming.
During this time, petitioners often wonder:
- How long does USCIS take to process a VAWA self-petition?
- Will I be able to work while my case is pending?
- What if my case is delayed or requires more evidence?
Understanding the next steps can help set the right expectations. But more importantly, seeking legal guidance can help avoid unnecessary delays and improve your chances of approval.
At The Chidolue Law Firm, we help VAWA self-petitioners navigate the complexities of the Violence Against Women Act (VAWA) process and work toward securing lawful permanent resident status without the involvement of an abusive U.S. citizen or lawful permanent resident relative.
Understanding the VAWA Petition Process
The Violence Against Women Act (VAWA) provides a crucial immigration pathway for survivors of domestic violence, extreme cruelty, and abuse. Under this law, abused spouses (male or female), children, and parents of a U.S. citizen or lawful permanent resident can file a VAWA self-petition independently—without the abuser’s knowledge, consent, or participation.
This process gives survivors the ability to:
✔ Seek legal permanent residence without relying on an abusive U.S. citizen or lawful permanent resident relative.
✔ Obtain work authorization while their case is pending.
✔ Gain access to local resources, shelters, medical, and mental health services for additional support.
Who Can File a VAWA Self-Petition?
To qualify for VAWA self-petition, an applicant must meet specific criteria, including:
- Being a spouse or child of anabusive U.S. citizen or lawful permanent resident or being the parent of an abusive U.S. citizen child who is over the age of 21 years old.
- Having suffered abuse, which could be physical, emotional, financial, psychological or sexual abuse. Basically extreme cruelty.
- Living with the abuser at some point in the past or currently.
- Demonstrating good moral character as required by U.S. immigration laws.
- In the case of marriage, proving you are in a qualifying and good faith marriage
For those who meet these requirements, filing a VAWA self-petition allows them to apply for lawful permanent residence and obtain a green card without their abuser’s involvement.
However, the process is not automatic—applicants must go through multiple stages, and delays, additional evidence requests, or denials can complicate the case.
What Happens After Filing Form I-360?
Filing Form I-360, the VAWA self-petition, is the first step in the process. However, what happens next depends on several factors, including USCIS processing times, eligibility verification, and the strength of your application.
Once your VAWA self-petition is submitted, it goes through several stages:
1️⃣ USCIS Receipt Notice & Initial Review
After filing, you will receive a receipt notice from U.S. Citizenship and Immigration Services (USCIS) confirming that your petition for immigrant classification has been received. This notice includes a receipt number, which allows you to track your case status.
At this stage, USCIS reviews your application for completeness and ensures that:
✔ Form I-360 is properly filed
✔ All required evidence is included
✔ There are no immediate disqualifications
If any documents are missing, USCIS may issue a Request for Evidence (RFE), which could delay the process.
2️⃣ Prima Facie Determination
If your petition appears to meet the basic VAWA eligibility requirements, USCIS may issue a prima facie determination notice. This means your case has enough initial evidence to proceed.
While a prima facie determination is not an approval, it allows VAWA self-petitioners to access certain benefits, including:
- State and local resources for survivors of abuse
- Shelters, medical, and mental health services
- Assistance from the National Domestic Violence Hotline
3️⃣ USCIS Adjudication: Reviewing Your Petition
After the initial review, USCIS moves forward with a detailed evaluation of your case. This involves:
✔ Checking for credible evidence of abuse
✔ Verifying the family relationship with the abuser
✔ Conducting background checks to assess admissibility
This stage can take several months or longer, depending on USCIS processing times and any additional requests for evidence.
Important Note:
📌 A strong petition is critical! If your application lacks proper documentation or supporting evidence, it could be delayed or denied. It is always advisable to seek legal guidance or assistance in preparing an immigration case to ensure your petition remains strong. legal guidance
Approval and Next Steps
Receiving approval for a VAWA self-petition is a significant milestone, but it is not the final step. After USCIS approves the self-petition, there are still important next steps before obtaining lawful permanent resident status.
1️⃣ USCIS Approves the Self-Petition: What Does It Mean?
Once USCIS approves the self-petition, it confirms that:
✔ The applicant meets VAWA eligibility criteria
✔ The abuse by the U.S. citizen or lawful permanent resident relative was sufficiently documented
✔ The self-petitioner is now eligible to apply for lawful permanent residence and obtain a green card
However, approval of Form I-360 does not automatically grant a green card—it simply means that the applicant can now move forward to the adjustment of status phase..
2️⃣ Applying for Adjustment of Status (Green Card Process)
It is advisable to file for Adjustment of Status at the same time you file for VAWA if you are eligible. This allows you to obtain a work permit and an Advanced Parole Travel permit earlier than at the time of VAWA approval. Once your VAWA is approved, USCIS will adjudicate your Green Card I-485 (Application for Adjustment of Status) application to make a decision on the 10-year Green Card. If you did not file an I-485 at the time you submitted your VAWA application, you may do so at this time if you are eligible for the I-485r to obtain a green card.
Who Can Apply for Adjustment of Status?
- VAWA self-petitioners may seek lawful permanent residence if they meet all eligibility criteria.
- They must not be subject to inadmissibility issues (such as criminal records or prior immigration violations). Sometimes, there may be a waiver available for this.
- If they are outside the U.S., they may need to go through consular processing before receiving an immigrant visa.
Important Note:
📌 The immigration process generally requires U.S. citizens and lawful permanent residents to sponsor family members. However, under VAWA, survivors can apply for status without the abuser’s participation or knowledge nor the need to provide a financial affidavit of support
3️⃣ Work Authorization & Travel Permission
During the adjustment of status application,VAWA self-petitioners may apply for:
✔ Work Authorization (Form I-765) at the same time – This allows them to work legally in the U.S. while waiting for a green card.
✔ Advance Parole (Form I-131) at the same time– This permits international travel while the case is pending.
4️⃣ Final Approval: Obtaining Lawful Permanent Residence
Once the adjustment of status is approved, the applicant receives a10 year green card, granting them lawful permanent resident status. At this stage, they are no longer dependent on an abusive U.S. citizen or lawful permanent resident spouse, parent, or relative for immigration status.
This provides long-term security, the ability to work, and the eventual opportunity to apply for U.S. citizenship.
Why Legal Help is Critical During This Stage
The process does not always go smoothly—USCIS may issue Requests for Evidence (RFEs), a Notice of Intent to Deny (NOIDs)or delay cases due to background checks and immigration history reviews. Working with an experienced immigration attorney can help avoid errors, strengthen the petition, and improve approval chances.
Challenges and Common Delays in VAWA Cases
The VAWA self-petition process is designed to protect survivors of domestic violence, extreme cruelty, and abuse, but it is not always straightforward. Many applicants face delays, requests for additional evidence, or unexpected obstacles that can slow down their path to lawful permanent resident status.
Here are some of the most common challenges VAWA self-petitioners may encounter:
1️⃣ Requests for Evidence (RFEs) and Additional Documentation
One of the most common reasons for delays is a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS). This happens when USCIS needs more proof to verify the applicant’s eligibility.
🔹 Common Reasons for RFEs:
✔ Insufficient proof of abuse (e.g., missing medical reports, police records, or sworn affidavits)
✔ Lack of documentation proving the relationship to the abusive U.S. citizen or lawful permanent resident spouse, parent, or relative
✔ No evidence of good moral character
✔ Not enough evidence of good faith marriage
📌 Why It Matters: A weak petition can result in delays or denial. It is crucial to submit strong supporting evidence from the beginning to avoid RFEs or NOIDs.
2️⃣ Background Checks & Security Screenings
Every VAWA self-petitioner undergoes a thorough background check as part of the immigration process.
🔹 What USCIS Reviews:
✔ Previous immigration history (e.g., overstays, deportation orders, or visa violations)
✔ Criminal records (certain convictions can make an applicant ineligible)
✔ Affiliations with prohibited groups
📌 Why It Matters: If any inconsistencies arise during the background check, USCIS may delay the case or require further clarification.
3️⃣ Work Permit and Green Card Processing Delays
Many VAWA self-petitioners apply for work authorization while waiting for their adjustment of status. However, work permits and green cards are not issued immediately.
🔹 Common Delays in Work Permits & Green Cards:
✔ USCIS processing backlogs
✔ Delays in biometrics appointments
✔ Longer-than-expected adjustment of status timelines
📌 Why It Matters: Many applicants experience financial hardship while waiting for their work permits. Having an attorney track the case and follow up with immigration services can help reduce unnecessary delays.
4️⃣ Challenges for VAWA Self-Petitioners Outside the U.S.
For those who file a self-petition while living outside the U.S., the process can be more complex.
🔹 Additional Steps for Applicants Outside the U.S.:
✔ Must complete consular processing instead of adjustment of status
✔ Required to attend an interview at a U.S. embassy or consulate
✔ May face longer waiting times for an immigrant visa
📌 Why It Matters: The self-petitioner is outside the U.S. during this process, making it harder to access local resources, shelters, medical and mental health services available to VAWA applicants inside the U.S.
How to Overcome These Challenges
✔ Work with an immigration attorney to ensure your application is complete and well-documented.
✔ Respond to RFEs quickly and with strong evidence to avoid unnecessary delays.
✔ Stay informed about your case status by regularly checking with USCIS and the National Visa Center.
Support for VAWA Applicants
Filing a VAWA self-petition is a crucial step toward gaining lawful permanent residence, but the process can be emotionally and financially challenging. Survivors of domestic violence, extreme cruelty, and abuse often need more than just legal support—they may require housing assistance, medical care, mental health services, and safety resources.
Fortunately, VAWA self-petitioners have access to various local and national support programs designed to help them through this transition.
1️⃣ Access to Shelters, Medical, and Mental Health Services
Many survivors of abuse rely on local resources, shelters, medical and mental health services while waiting for their immigration case to be processed.
🔹 Available Services Include:
✔ Emergency shelters and housing assistance for survivors escaping an abusive environment
✔ Medical care and counseling for physical and emotional recovery
✔ Support groups and therapy for survivors of domestic violence and extreme cruelty
2️⃣ National Domestic Violence Hotline: Immediate Assistance and Support
The National Domestic Violence Hotline provides immediate assistance and support to survivors of abuse, including those filing a VAWA self-petition.
📞 How to Get Help:
✔ Call the National Domestic Violence Hotline at 1-800-799-SAFE (7233)
✔ Visit their official government website for live chat support and resources
✔ Get confidential safety planning and referrals to local services
3️⃣ Work Authorization & Financial Assistance
Once a VAWA self-petition is filed, applicants may be eligible to apply for work authorization at the same time if they submit an adjustment of status application. This can provide financial stability and access to better resources.
🔹 Additional Support Options:
✔ Victim compensation programs for survivors of crime and abuse
✔ Nonprofit legal aid services that offer free or low-cost immigration assistance
✔ State-funded programs that provide food, housing, and job placement support
How The Chidolue Law Firm Can Help
At The Chidolue Law Firm, we understand that applying for VAWA self-petition is not just about immigration—it’s about safety, security, and rebuilding a new life. Our team is committed to:
✔ Ensuring your application is strong and supported by the necessary evidence
✔ Helping you navigate work authorization and adjustment of status
✔ Connecting you with local resources that provide emergency support
Take the Next Step Toward Safety and Stability
If you or someone you know needs help navigating the VAWA self-petition process, don’t wait. Getting the right legal support can make all the difference in securing a safe and stable future.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
Let us help you move forward with confidence. Your safety and future matter.
