If a United States citizen or someone with lawful permanent residency is abusing you, you may be able to apply for a Green Card under the Violence Against Women Act (VAWA). VAWA protection is available to everyone, regardless of their gender, so you can still apply even if you identify as a man. If you are interested in using VAWA to apply for a Green Card, you may want to know, “How long does VAWA take to be approved?” The VAWA approval process can take months or years, depending on your situation and the laws in effect at that time.
Getachew & Ansari Immigration Attorneys, P.C. understands the concerns you may have if you are an immigrant who is being abused and looking for answers and safety. Our team has extensive experience helping people navigate the process of petitioning for a Green Card using VAWA laws and procedures.
Overview of the VAWA Self-Petition Process
The Violence Against Women Act protects people of all genders who are the target of abuse committed by a close relative who is a United States citizen or someone with lawful permanent residence status. Under this act, someone who is being abused can request an adjustment of status or file a new application to obtain a Green Card.
Ordinarily, the applicant would need to have another person, such as a close relative, file a petition to support the applicant being granted legal status. However, the United States government may allow the applicant to file a self-petition, so they may not have to have another person file a supporting petition.
If the person who filed the original supporting petition abuses the applicant, the applicant can ask the United States government to change their application to a self-petition. Doing this can help protect the person’s location and other information from the abuser. The applicant would also need to send supporting documents like a copy of their birth certificate, passport-style photographs, medical exam records, and other forms and notices requested by the United States government.
How Long Does It Take for VAWA To Be Approved?
As of November 14, 2024, United States Citizenship and Immigration Services (USCIS) reports the average VAWA processing time for I-360 applications to be approximately 41 months in 80%of cases. Applicants or people interested in applying for a Green Card through VAWA can check the USCIS processing time website for updated estimates.
Factors That Can Influence VAWA Approval Time
Many factors can impact the VAWA case processing time. For example, there may be a delay if someone does not submit the required forms on time or send the correct supporting evidence when requested. Likewise, if the applicant does not schedule or attend the USCIS interview, it can be more difficult for the United States government to process the application.
Additionally, the United States restricts how many visas there are available at a given time for people based on the country they are coming from. So the VAWA approval process may take longer because the person cannot receive a visa until one becomes available.
Steps Involved in the VAWA Application Process
The United States government has different rules for VAWA Green Card applications based on various scenarios. For example, you may have to file a new self-petition for adjustment of status or submit a request to change your current application to a self-petition. If you are an immediate relative of a petitioner, however, you may be able to bypass some of these requirements and receive a visa much more quickly.
You may need to submit supporting documents, attend an interview, and get a medical examination. The United States government will review these and other requested materials to see if you qualify for a Green Card under the VAWA. An immigration law attorney can help you identify what forms you need to file and help you complete the appropriate steps for your application type.
How To Track Your VAWA Petition Status
You can track your VAWA petition’s status by going to the USCIS website and putting in your case number (if you have one). You can also contact USCIS directly through telephone or email.
If you have a case portal where you submitted your petition, you can log into this website or app to track your VAWA petition.
Common VAWA Delays and How To Avoid Them
VAWA delays may occur for various reasons. For instance, the applicant may have missed the filing deadline for their application. Under United States law, someone who already filed a Green Card application can ask the government to change their case to a self-petition claim if the person who filed the supporting petition is abusing the applicant. That said, the applicant needs to take this step within a certain amount of time, usually 30 days. If they miss this deadline, it can delay the processing time.
Additionally, the applicant may need to wait until a United States visa becomes available for people emigrating from the applicant’s home country. The United States only allows a specific number of visas for each country (unless one of the exceptions applies). So the applicant may have to wait until a new visa is available, even if the United States approves the person’s application.
Contact an Experienced VAWA Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Getachew & Ansari Immigration Attorneys, P.C. advocates for those who have been abused by their loved ones. We respect your vulnerability and appreciate how challenging it can be to come forward and speak out about the abuse you are experiencing or have experienced. We can provide confidential and compassionate legal services to protect you against further harm.
Get in touch with our team today by calling 408-292-7995 to schedule a consultation.
