How Long Does VAWA Processing Take in 2024?

You may be eligible for self-petition immigration relief under the Violence Against Women Act (VAWA) if you’re a victim of domestic violence, abuse, or extreme cruelty at the hands of a US citizen or lawful permanent resident spouse or parent or a U.S. citizen child who is 21 years old or older. But how long does the VAWA process take?

According to USCIS, VAWA cases (Form I-360 for Violence Against Women Act petitions) at All Service Centers are currently taking approximately 40 months to process for 80% of cases.

However, it’s important to note that individual case processing times can vary, and some cases may take longer or shorter than this estimated timeframe.

Let’s examine what you can expect when it comes to VAWA timelines.

Who is Eligible for VAWA?

To qualify for VAWA, you must meet the following criteria:

• You are the victim of domestic violence, abuse, or extreme cruelty perpetrated by a US citizen or lawful permanent resident.
• The abuse occurred in the United States or can be tied to US jurisdiction.
• You have good moral character.
• You resided with an abusive family member.
• The marriage was entered into in good faith if petitioning as a spouse.

It’s important to note that despite the name, VAWA protects noncitizens of all genders who have suffered domestic abuse.

Unmarried children under 21 years of age may also qualify to file a VAWA self-petition.

Types of Abuse Covered Under VAWA

VAWA protects victims of physical, sexual, emotional, economic, and psychological abuse.

While physical and sexual violence are the most overt forms of abuse, many VAWA self-petitioners suffer extreme cruelty that doesn’t leave physical scars.

Abuse Defined

Extreme cruelty can include:

• Constant criticism, insults, and name-calling.
• Social isolation from friends and family.
• Blaming the victim for the abuse.
• Controlling the victim’s activities and relationships.
• Making the victim feel fearful through looks, actions, or gestures.
• Damaging the victim’s property.
• Harming or threatening to harm the victim’s children or pets.

Immigrant Harassment

In relationships involving immigrant victims, abusers often use immigration-related threats as a means of power and control.

Examples of immigration-related abuse include:

• Threatening to withdraw or withhold immigration sponsorship.
• Refusing to file promised immigration petitions.
• Hiding or destroying important documents like passports or green cards.
• Threatening to report the victim to ICE for deportation.
• Preventing the victim from learning English or integrating into US society.
• Using the victim’s immigration status to isolate them or prevent them from accessing help.

If you’re experiencing any of these forms of harm, you may qualify for VAWA – even if you’ve never been physically harmed.

An experienced VAWA attorney can help you document the abuse and advocate for your right to protection under the law.

Completing the VAWA Petition Package

To apply for VAWA, you will need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

This form is the basis of your VAWA self-petition.

Along with the completed form, you’ll need to include extensive supporting evidence such as:

• Police reports documenting domestic violence incidents.
• Medical records of injuries sustained from the abuse.
• Photographs of injuries.
• Affidavits from witnesses who can attest to the abuse.
• A detailed, written personal statement explaining the history of abuse in your relationship.

Compiling persuasive proof of abuse is critical to the success of your VAWA case. An experienced immigration attorney can help you present the right documentation and craft a compelling petition.

What Happens After Filing VAWA?

After submitting your VAWA petition package, US Citizenship and Immigration Services (USCIS) will send you a receipt notice confirming it received your case.

This receipt will contain your case number, which you can use to check your VAWA case status online.

Determination Notice

Next, USCIS reviews your petition to make a determination. If they find that you have established basic eligibility for VAWA, they will issue a Prima Facie Determination Notice.

This notice can make you eligible for certain public benefits while your case is pending.

Standard Review

After the prima facie stage, your petition enters the standard processing queue for a thorough eligibility review. USCIS adjudicators will carefully examine your submission to ensure you meet all the VAWA requirements.

How Long Does VAWA Processing Take?

VAWA processing times vary significantly depending on case volume and staffing levels at the USCIS Vermont Service Center, which handles all VAWA petitions nationwide.

As of August 2024, on average, it takes up to 40 months for USCIS to process a VAWA self-petition.

However, processing times may be longer or shorter in some cases. You can check current VAWA processing times on the USCIS website for the most up-to-date estimates.

VAWA Confidentiality Protections

Many victims of domestic violence are understandably afraid to come forward, particularly if they are undocumented or if their immigration status depends on their abuser.

Fortunately, VAWA has several provisions to protect the confidentiality of self-petitioners.

Abuser Notification Prohibition

USCIS cannot disclose any information about a VAWA case to the abuser or anyone else. The abuser will not be notified that the victim has filed a VAWA petition.

Confidential Address

VAWA self-petitioners can provide a confidential mailing address on the petition that USCIS will use for all communications about the case. This protects victims who have moved to a secret location for safety reasons.

Evidence Disclosure Restrictions

Under most circumstances, USCIS cannot release the evidence submitted with a VAWA petition, even if the abuser submits a Freedom of Information Act (FOIA) request.

Enforcement Prohibitions

ICE and other DHS enforcement agencies are generally prohibited from conducting enforcement actions like arrests or surveillance at shelters, victim services programs, courthouses, or community events where VAWA self-petitioners are likely to be present.

These confidentiality provisions help ensure that seeking VAWA relief doesn’t jeopardize a victim’s safety.

However, it’s still important to work with a California immigration lawyer who understands these protections and can help you maintain your privacy during self-petition.

Building a Strong VAWA Case

Because VAWA provides a path to life-changing immigration benefits, you need to submit the strongest petition possible.

Besides documenting the abuse, your VAWA application should:

• Include a detailed, compelling personal statement explaining the circumstances of the abuse and its effects on you.
• Address any issues that could negatively impact a good moral character determination, such as past arrests.
• Be supported by affidavits from witnesses like friends, family, neighbors, or coworkers.
• Contain certified copies or official records instead of unofficial documents whenever possible.

The VAWA process is intensive, but an experienced immigration attorney can guide you through each step.

Your legal counsel will frame your story persuasively, obtain supporting evidence, and handle any Requests for Evidence (RFEs) or interviews with USCIS.

VAWA Cancellation of Removal

What if you’re already in removal proceedings before an Immigration Judge?

You may still be able to seek protection under VAWA by applying for VAWA cancellation of removal.

Like a VAWA self-petition, VAWA cancellation allows certain abuse victims to obtain permanent residence without the support of their abusive spouse, parent, or child.

To qualify for VAWA cancellation, you must demonstrate:

1. You’ve suffered battery or extreme cruelty at the hands of a US citizen or permanent resident spouse or parent.
2. You’ve been physically present in the US continuously for at least three years.
3. You possess good moral character.
4. Your removal would result in extreme hardship to you or your child.

If you are granted VAWA cancellation, the Immigration Judge will cancel the removal proceedings against you and grant you lawful permanent residence.

Restrictions and waiting list

However, there is an annual cap of 4,000 on the number of VAWA cancellation grants allowed each year. If the cap has already been reached, you’ll be placed on a waiting list and receive deferred action or parole until a visa becomes available.

Adjustment of status requirements

You also cannot apply for VAWA cancellation if you are already the beneficiary of an approved VAWA self-petition. If you have a pending or approved self-petition, you must pursue adjustment of status rather than VAWA cancellation.

Legal representation

Because VAWA cancellation cases unfold in an adversarial court setting rather than through USCIS, we recommend having an experienced VAWA immigration attorney representing you during proceedings.

A skilled California immigration lawyer can help you present persuasive evidence, prepare you to testify about the abuse, and advocate for your right to relief before the judge.

Secure Your Safety and Future with VAWA

Leaving an abusive situation and handling immigration processing and litigation matters alone can feel overwhelming.

But VAWA offers you a path forward. Though the VAWA timeline is lengthy, an approved petition eventually opens the door to work authorization, benefits, permanent residence, and citizenship.

If you’re suffering domestic abuse and need immigration assistance, contact the Law Office of Lina Baroudi for a case evaluation.

Let us assess your eligibility, prepare your paperwork, and advocate with USCIS on your behalf to secure a better future for you in the United States.