The Violence Against Women Act (VAWA) is a landmark piece of legislation in the United States aimed at providing protections for individuals who are victims of domestic violence, particularly those who may be vulnerable due to their immigration status. Under VAWA, certain non-citizens who have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or child can self-petition for lawful status without the abuser’s knowledge or consent. This is a significant legal provision that helps empower individuals in abusive situations to seek protection without fear of deportation or further abuse.
One of the most frequently asked questions in the VAWA self-petition process is: “How long does it take to get a green card after VAWA approval?” The road to obtaining a green card after a successful VAWA petition can be complex and varies depending on various factors, such as the applicant’s current status, whether they are in the United States or abroad, and the processing times of U.S. Citizenship and Immigration Services (USCIS) and other agencies involved. This article provides a comprehensive breakdown of the timeline for obtaining a green card after VAWA approval, the various steps involved in the process, and the factors that may influence the timeline.
What Is VAWA and How Does It Work?
The Violence Against Women Act (VAWA) was originally passed in 1994 to provide protections for victims of domestic violence, dating violence, sexual assault, and stalking. While the law was designed to offer help to both men and women, it includes provisions specifically aimed at helping immigrants who may be facing domestic violence.
The most significant aspect of VAWA for immigration purposes is its provision allowing certain individuals who have been victims of domestic abuse to self-petition for a green card without relying on their abusive spouse, parent, or child for sponsorship. This self-petition is available to:
- Spouses of U.S. citizens or lawful permanent residents
- Unmarried children (under 21 years old) of U.S. citizens or lawful permanent residents
- Parents of U.S. citizens (if the U.S. citizen is 21 years or older)
The petitioners must prove that they have been abused, that the abuse occurred in a qualifying relationship with a U.S. citizen or lawful permanent resident, and that they have good moral character.
Once the VAWA petition (Form I-360) is approved, applicants can proceed to the next steps in their path to obtaining a green card, which includes applying for adjustment of status or consular processing, depending on their circumstances.
What Happens After VAWA Approval?
After the VAWA petition is approved, the process for obtaining a green card begins. However, the timeline for receiving the green card after VAWA approval varies depending on whether the applicant is inside the U.S. or abroad, as well as several other factors, including the applicant’s immigration status, the processing times of USCIS, and the visa bulletin.
Step 1: VAWA Petition Approval
Once an applicant has filed Form I-360 and it has been approved by USCIS, they can move forward with the green card process. The approval of the I-360 petition is a crucial milestone, as it determines the applicant’s eligibility to apply for a green card. For applicants who are in the U.S., this approval also signifies that they are eligible to adjust their status to lawful permanent residency.
However, it’s important to note that not all applicants will immediately be able to proceed to the next step, as there may be a waiting period depending on the applicant’s category and country of origin.
Step 2: Adjustment of Status or Consular Processing
After the I-360 petition is approved, the next step depends on whether the applicant is inside or outside the United States:
For Applicants Inside the U.S. (Adjustment of Status)
Applicants who are physically present in the U.S. can apply for an adjustment of status to become a permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This allows the applicant to adjust their status from their current immigration status to that of a lawful permanent resident, which is the status that green card holders possess.
If the applicant is already in lawful status in the U.S., the adjustment of status process can be relatively straightforward. However, if the applicant is out of status, they may face additional hurdles, such as being subject to bars on re-entry or being required to apply for a waiver.
For Applicants Outside the U.S. (Consular Processing)
For applicants who are outside the U.S., they will need to go through consular processing to obtain their green card. This involves filing the necessary forms and documentation with the U.S. embassy or consulate in their home country. The National Visa Center (NVC) will assist in processing the case and scheduling an interview at the consulate.
The consular processing route can take longer due to the need for additional paperwork, background checks, and the scheduling of interviews. In some cases, applicants may experience delays if there are security clearances or other issues that require further investigation.
Step 3: Biometrics Appointment and Medical Exam
After filing Form I-485 (for adjustment of status applicants) or completing consular processing (for those outside the U.S.), applicants will typically be required to undergo a biometrics appointment. This appointment involves the collection of fingerprints, photographs, and other identifying information to be used in background checks.
Additionally, applicants will need to undergo a medical examination to ensure they do not have any health conditions that would make them inadmissible to the United States. This exam must be performed by a designated civil surgeon approved by USCIS.
Step 4: Interview and Final Decision
For both adjustment of status and consular processing applicants, the next step in the green card process is an interview. During this interview, USCIS officers or consular officers will ask questions to verify the information provided in the application and assess the applicant’s eligibility for a green card.
The applicant may be asked about their relationship to the abusive spouse, parent, or child, as well as the circumstances surrounding the abuse. It is essential that the applicant brings all relevant documentation, including police reports, medical records, and any other evidence that supports their claim of abuse.
After the interview, the applicant will typically receive a final decision. If the green card is approved, the applicant will receive their permanent resident card. If additional information or documentation is needed, the applicant may be asked to submit more evidence before a decision is made.
How Long Does the Entire Process Take?
The time it takes to obtain a green card after VAWA approval can vary significantly based on several factors. These factors include the applicant’s specific situation, whether they are applying from within the U.S. or abroad, and the service center processing times. Below is a general breakdown of the timing for the VAWA green card process:
VAWA Petition (Form I-360) Processing Time
The first step in the process is the VAWA self-petition, and the processing time for Form I-360 varies. On average, this can take anywhere from 6 months to over a year. Processing times may be longer depending on the service center’s workload or other factors.
Adjustment of Status (Form I-485) Processing Time
For applicants applying for adjustment of status within the U.S., the processing time for Form I-485 generally ranges from 8 to 14 months, although it can be longer depending on the applicant’s individual case and the service center’s backlog.
Consular Processing
For those who are applying from outside the U.S., consular processing can take several additional months, depending on the U.S. embassy or consulate’s processing times, visa availability, and the need for additional documentation or security checks. On average, consular processing can take between 8 months to 1 year, but it can take longer in some cases.
Total Timeline
In total, the entire VAWA green card process—from petition approval to receiving the green card—can take anywhere from 12 months to several years. For applicants in the immediate relative category (spouses, children, or parents of U.S. citizens), the process will generally be faster, while applicants in family preference categories may experience longer wait times due to visa availability and other factors.
Conclusion
Obtaining a green card after VAWA approval is a multi-step process that can take anywhere from several months to a few years, depending on several factors, such as the applicant’s status, whether they are in the U.S. or abroad, and the specific service center’s processing times. While the road to a green card can be long, it is an essential pathway for individuals who have been victims of domestic violence to obtain safety, stability, and the ability to live and work legally in the United States.
If you are a VAWA self-petitioner, it’s important to stay informed about the progress of your case and to work with an experienced immigration attorney to navigate the complexities of the process. With the right preparation, you can successfully move forward in your journey toward permanent residency in the U.S.
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- How Much Does a Green Card Sponsorship Cost a Company?
