The Violence Against Women Act (VAWA) provides a pathway for abuse victims including domestic violence, to self-petition for immigration status independent of their abuser.
While VAWA offers critical protections for victims, the process of applying can be lengthy and complicated.
In this article, we will explore the question on many applicants’ minds: How long does a VAWA case take? We will discuss the factors that affect processing times, the potential outcomes of filing a VAWA self-petition, and the steps you can take to increase your chances of success.
Whether you are considering applying for VAWA or have already begun the process, understanding the timeline and potential outcomes can help you better navigate this complex area of immigration law.
The duration of the VAWA Case is subject to variation and is usually between 18 to 24 months, depending on several factors. Nevertheless, in specific situations, USCIS might accelerate the processing of your VAWA application if you have requested an expedited review because of emergencies, such as an imminent death of a family member in your home country, which necessitates your departure and return to the United States.
To know more, read the full article.
How Long Does A VAWA Case Take?
Upon receiving your self-petition, USCIS will evaluate both your statements and supporting documents to determine whether your petition is approvable.
If your petition is approved, USCIS will issue a Prima Facie Approval letter, allowing you to receive public benefits as a victim of violence, which will support you until a final decision is made on your petition.
The processing times for Form I-360 VAWA vary depending on several factors, typically ranging from 18 to 24 months. However, under certain circumstances, USCIS may expedite your VAWA request if you have requested expedited processing due to emergencies, such as a family member’s impending death in your home country, and you require permission to leave the U.S. and return.
To check the status of your petition, you can visit the USCIS website or seek the advice of an experienced immigration attorney.
What can be the outcomes after USCIS approves a self-petition?
If USCIS approve your self-petition, you can enjoy several important benefits, such as eligibility for certain public benefits, work authorization, and the opportunity to become a lawful permanent resident.
Under VAWA, you may be entitled to a range of economic benefits and enrollment in various public benefit programs. An attorney can provide more information on the specific benefits you can receive through your self-petition.
One significant advantage of self-petitioning is that it grants you the ability to legally work in the United States. You can obtain an Employment Authorization Document (EAD), which serves as a work permit and allows you to seek and obtain employment.
Furthermore, if USCIS approves your Form I-360 petition, you may be able to apply for lawful permanent resident status using Form I-485. This would allow you to obtain a green card as an LPR if your application is approved, which is a crucial step if you wish to pursue citizenship.
What is the process of applying under the Violence Against Women Act (VAWA)?
If you are considering applying for VAWA, there are specific steps you must follow to increase your chances of success.
Step 1: Firstly, it is advisable to seek the guidance of a VAWA attorney who can assist you throughout the process. An experienced immigration attorney can help you with the self-petitioning process, as well as provide support in avoiding deportation, understanding your rights, and preparing for a change of status and other procedures.
Step 2: The next step involves completing the necessary forms for VAWA self-petitioning, including Form I-360, which may take several months to process.
Step 3: In addition to Form I-360, you must provide USCIS with a detailed personal statement that explains your case and clarifies any ambiguous information. A VAWA attorney can help you craft a compelling narrative.
Step 4: Furthermore, you may want to provide USCIS with a corroborating statement from a professional, such as a therapist or domestic violence advocate, to supplement your statement and Form I-360. This statement can help validate your self-petition and provide additional evidence of abuse.
Step 5: Additionally, gathering evidence from social services, medical professionals, or legal professionals who have worked with you can further support your case. USCIS understands that obtaining evidence can be challenging for abuse victims, so they accept other valid forms of evidence. A VAWA lawyer can help you gather and organize this evidence and present it with your self-petition.
What are the potential results occur once a VAWA self-petition has been submitted?
Here are the potential outcomes that can result from filing a VAWA self-petition:
1. Approval of Your VAWA Petition
If your VAWA petition is approved, you may be eligible to apply for work authorization while waiting to file Form I-485 (Green Card application). If you were eligible to concurrently file Form I-360 and I-485, you may have already applied for work authorization by submitting Form I-765.
2. Denial of Your Petition
Your petition may be denied for various reasons, such as failure to provide evidence of your relationship with the abuser, failure to provide evidence of your abuser’s status as a U.S. citizen or lawful permanent resident, failure to provide evidence of abuse, failure to provide evidence of cohabitation, or failure to demonstrate good moral character.
If your petition is denied, you may appeal the decision or file a new VAWA application.
If your VAWA petition is not approved, seek the guidance of an experienced immigration attorney who can help you reapply or explore other options for adjusting your status in the United States.
Conclusion
The process of applying for VAWA can be long and challenging, but it offers a critical lifeline to victims of abuse who may have no other way to seek legal status in the United States.
While the processing times for VAWA cases can vary based on several factors, understanding the potential outcomes and taking steps to prepare a compelling case can help applicants increase their chances of success.
Seeking the guidance of an experienced immigration attorney can be invaluable in navigating this complex area of law and ensuring that your VAWA self-petition is as strong as possible.
By persisting through the challenges of the process, survivors of abuse can access vital resources, obtain work authorization, and even have a pathway to lawful permanent resident status and eventual citizenship.
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