Congratulations on getting your VAWA petition approved! This is a significant milestone in your journey towards obtaining legal status and protection in the United States. However, the approval of your petition is just the first step, and there are still several important considerations and actions to take before you can fully benefit from the protections provided by VAWA.
I am Supriya Gill, lawyer and in this article, we will explore if your VAWA gets approved, what next? What to do next after your VAWA petition has been approved, and provide helpful tips and resources to guide you through the next steps of the process.
There are multiple stages of the VAWA process. What to expect throughout the process as you move through the VAWA process.
If your VAWA (Violence Against Women Act) petition is approved, you will be placed in deferred action and issued a work permit. Sometimes, the work permit can be issued even before the approval notice for VAWA status.
Once you receive the approval notice, you can be moved on to the permanent resident process if you filed for permanent residency at the beginning of the process. You will then be issued a two-year work permit and placed in a special status that is protected from any immigration enforcement while you wait for the time to apply for an adjustment of status.
Ultimately, VAWA leads to the permanent residency process, and the process takes about two and a half years. The Green Card interview will focus on your admissibility, criminal history or background, and past immigration history. If everything is cut and dry, the officer could just send you the green card in the mail.
To know more about VAWA, read the full article.
VAWA Gets Approved, What Next?
If your VAWA (Violence Against Women Act) petition is approved, it means that you are a victim of domestic violence, abuse, or extreme cruelty, and you may be eligible for certain benefits, including a work permit, travel documents, and eventually a green card.
There are different types of abuse covered under VAWA, and it’s not just limited to physical violence. It also includes verbal abuse, emotional abuse, and financial abuse. If you are being mistreated by a US citizen or legal permanent resident spouse, parent, or child who is over the age of 21, you may be able to qualify for VAWA relief.
The VAWA process generally involves filing the VAWA petition, work permit application, travel document application, and adjustment of status application together. Once you file, the process moves through different stages, and you will need to wait for each stage to be completed before moving on to the next one.
The stages after VAWA gets approved are discussed below:
- If your VAWA petition is approved, you will be placed in deferred action and issued a work permit. In some cases, the work permit can be issued even before the approval notice for VAWA status. Once you receive the approval notice, you can be moved on to the permanent resident process if you filed for permanent residency at the beginning of the process.
- You will then be issued a two-year work permit and placed in a special status that is protected from any immigration enforcement while you wait for the time to apply for an adjustment of status. Ultimately, VAWA leads to the permanent residency process, and the process takes about two and a half years.
- The green card interview will focus on your admissibility, criminal history or background, and past immigration history. If everything is straightforward and there are no red flags, the officer could just send you the green card in the mail. During the Trump administration, interviews were required, but now, to speed up processing times, officers are waiving the interview in some cases.
- If your VAWA petition is approved, you will have a protected status that is renewable, and you will have the ability to work and travel while you wait for your green card. However, you will need to wait until you are eligible to apply for an adjustment of status before you can apply for permanent residency.
It’s important to note that the VAWA process can be complex, and it’s a good idea to work with an experienced immigration attorney to help guide you through the process and ensure that your rights are protected.
An attorney can help you prepare and file the necessary paperwork, gather evidence to support your case and represent you in any interviews or hearings that may be required.
Different types of abuse covered under VAWA
Violence Against Women Act is not just for women but there is a provision in the law that allows individuals who are being mistreated. All individuals no matter your gender, what marriage you’re in, you are in a parent-child relationship or a marriage to a US citizen or legal permanent resident and that legal permanent resident or US citizen mistreating you. You could qualify for VAWA relief as you can get a Work permit, Travel documents and a Green card.
So, if you’re being mistreated by a US citizen or legal permanent resident spouse, a parent, or a son or daughter whose age is 21 and above, you can qualify for this mistreatment. It covers all sorts of different types of mistreatment.
Abuse comes in different forms. It’s not just about physical violence but it also includes things like verbal abuse, emotional abuse and financial abuse. If this person (abuser) has never laid a hand on you but they have been manipulative or putting you down or calling you names or threatening to send you home, to get you deported or threatening to call the police on you.
These are forms of extreme cruelty and could qualify you for this type of relief s long as you can show that the person that’s doing this mistreatment is your citizen or resident spouse, citizen or resident parent if you are under the age of 21 or 25 under some cases or your US citizen son or daughter whose age is 21 and above is mistreating you even if they mistreated you when they were younger than 21 but now they’re 21, you can apply for VAWA.
Filing for VAWA status, work permit, travel document, and adjustment of status together
Generally, the VAWA petition, the work permit, the travel document and the adjustment of status application are filed together. There are very few to do it in different steps.
Placement in deferred action upon approval
Once it’s filed together, it still gonna happen in stages. So, firstly you have to go through the VAWA process where they are going to evaluate what you went through to determine whether you can get the VAWA status. If you do get the VAWA status it means that you will be placed in deferred action. You will automatically be issued a work permit.
Automatic issuance of a work permit upon approval
Sometimes work permit can be received even before receiving the approval notice for the VAWA status. Because in the petition it does say that if you get approved for the VAWA, they should issue a work permit automatically.
You will be issued a work permit and you will be given an approval notice stating that you have been approved for VAWA. It just means that now you get a two-year work permit and you are going to automatically be moved on to the permanent resident process if you filed for permanent resident at the beginning of the process.
In some cases, you may have to wait to file an adjustment of status but you are placing a special type of status protected from any immigration enforcement and given the work permit while you wait for the time to apply for adjustment status.
Moving on to the permanent resident process
VAWA ultimately does lead to the permanent resident process. So, in the case where we do apply for everything at the beginning of the process, then once it is approved, they start to process your application for the work permit depending on whether they have questions or not, if there are any additional requirements, they will send a notice either stating they are waiving interview and issuing the green card.
During the Trump administration, they required interviews, now to speed up processing times they are waiving the interview. So, an officer reviews everything and if they don’t have any questions, it’s a solid application, they determine you qualify for the green card. Now, they are issuing them in the mail.
But if they do have questions then they schedule the interview and at the interview usually they just go through the application, make sure everything is good and approve you for permanent residence or ask you for additional information if needed.
So, once you have been approved for VAWA, you could look to get a green card.
The process takes about two and a half years. It takes about two years now to get approval for VAWA but now they have designated a new service centre in addition to Vermont Service Centre that processes all VAWAs. Now they have another Service centre that now focuses on VAWA. That means faster processing time, and now you’d be able to get your green card shortly.
While VAWA does give you the ability to stay in protected status and this is renewable. You do have to wait once you get forward. It doesn’t mean you get your green card, you do have to go through the final phase to get the green card.
The Green Card Interview
They are not going to ask you about the abuse anymore, they are not supposed to because that has already been decided when they approve the VAWA. But now when they are issuing the green card or they are reviewing your adjustment status application to determine whether they are going to send the Green card.
They are going to look at your admissibility, criminal history or background to see if there’s anything that disqualifies you, and past immigration history to see if there is anything that’s of concern. That’s the purpose of the interview. They address those questions at the interview but if they don’t and everything is cut and dry, he could just send you the green card in the mail.
With VAWA, you don’t get a two-year green card, you get a 10-year. That means once you are approved for the Green card, you don’t have to worry about renewing it for another ten years and you could just look forward to applying for citizenship afterwards.
If you are married to a US citizen who mistreated you and you applied for VAWA, on that basis then you could apply for citizenship in 3 years to get permanent residence. Actually, you can apply for two years and nine months for citizenship after getting the green card. In any other case, it is going to be a five-year wait for citizenship but in the meantime, you do get that 10-year green card. You don’t get a temporary green card. You get a 10-year green card.
Conclusion
Obtaining approval for your VAWA petition is just the first step in a long journey towards building a better life for yourself and your loved ones. It’s important to remember that you have resources and support available to you, and you don’t have to go through this process alone.
Reach out to legal professionals, domestic violence organizations, and other advocates who can help guide you through the next steps, such as adjusting your immigration status, finding safe housing, and healing from trauma.
By taking advantage of these resources and continuing to advocate for yourself, you can move forward with confidence and build a brighter future for yourself and your family.
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