VAWA Self-Petition Processing: 24–36 Months and Key Steps in 2024

(NEBRASKA) VAWA self-petitions are taking far longer than most survivors expect, with USCIS reporting that 80% of Form I-360 cases take up to 41.5 months to finish as of early 2025 data that continues to shape 2026 planning. Because the green card step comes after I-360, many applicants now face a 4–5 year path to permanent residence.

These delays matter most for survivors who need stable housing, health care, and permission to work while they separate from an abusive U.S. citizen or lawful permanent resident spouse, parent, or adult child. They also matter for parents and children trying to keep a family together and safe while a case sits in a federal queue.

According to analysis by VisaVerge.com, the most important system change is where the cases go: USCIS has centralized VAWA work at the Nebraska Service Center’s HART unit, a specialized team inside the Humanitarian, Amerasian, Reserved, and Trafficking (HART) framework. Centralizing can make handling more consistent, but it has also coincided with a backlog that still defines the timeline.

How long the VAWA journey takes in 2026, from filing to green card

The VAWA timeline has two main tracks:

1. The self-petition (Form I-360), and
2. The green card process after I-360 approval.

The first track is the bottleneck for most people right now.

USCIS processing time snapshots show the current scale of the wait. As of early 2025 data used for 2026 expectations, 80% of VAWA I-360 self-petitions are processed within 41.5 months. Separate USCIS-reported mean times by category show variation:

• Self-petitioning spouses: 31.1 months
• Self-petitioning children: 30.4 months
• Self-petitioning parents: 23.5 months

Those “mean” figures and the 80% measure describe different parts of the processing-time picture, but they point in the same direction: most survivors should plan for years, not months.

For official baseline guidance on humanitarian protections and USCIS processes, start with the USCIS information hub, then use the agency’s processing-times tools and form instructions to keep your case aligned with current rules.

Step 1 (before you file): confirm eligibility and build a safe paper trail

VAWA lets eligible survivors file without the abuser’s help. The core eligibility points are consistent across most cases:

• A qualifying relationship with an abusive U.S. citizen or lawful permanent resident
• Battery or extreme cruelty
• Good moral character
• Required residence rules (with limited exceptions)

Evidence is where many cases slow down. Strong cases often include multiple types of proof, but VAWA does not require a police report. Survivors can submit:

• A detailed personal declaration describing the abuse
• Medical or therapy records
• Witness affidavits from people who observed harm or its effects
• Court documents, including protective orders or divorce records
• Letters from advocates or other professionals

Safety planning is part of evidence planning. If mail going to your home creates risk, pick an alternate address you trust so receipt notices and future letters do not end up in the abuser’s hands.

Step 2 (filing): submit Form I-360 to the centralized Nebraska unit

The VAWA self-petition is filed on Form I-360. Use the official form page and instructions so you match current edition dates and filing addresses: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

All VAWA petitions are handled through the Nebraska Service Center’s HART unit, reflecting the centralization that USCIS implemented by April 2024. Practically, that means you should follow the current USCIS filing guidance for VAWA I-360 submissions and avoid sending the petition to a different service center.

Many applicants also ask whether they should file other forms at the same time. Concurrent filing may help people reach a work permit sooner when they are eligible to file Form I-485 and Form I-765 together with the I-360. Eligibility for concurrent filing depends on where you are in the green card line and whether a visa is available in your category.

Step 3 (the first weeks): receipt notice and biometrics

After USCIS receives the case, survivors typically see two early milestones:

• Receipt notice: commonly within 1–2 weeks, USCIS issues Form I-797C with a case number.
• Biometrics appointment: commonly 4–8 weeks after filing, USCIS schedules fingerprints and a photo.

These early steps do not mean the petition will finish quickly. They simply confirm the case is in the system and background processing has started.

If you move, address updates matter because USCIS often communicates through mailed notices. Many survivors use a trusted address for safety, but it must be an address where you can reliably receive sensitive immigration mail.

Step 4 (months 2–9): initial review, RFEs, and Prima Facie Approval

USCIS often conducts an initial completeness review in the first 2–6 months. If evidence is missing or unclear, the agency may issue a Request for Evidence (RFE). RFEs add time because the clock pauses while you respond, and the case returns to the review queue afterward.

For many survivors, the most practical milestone is Prima Facie Approval, a preliminary determination letter. This notice is commonly around 3–9 months after filing and is typically valid for 150 days. It can be renewed while the I-360 remains pending.

Prima Facie Approval matters because it can unlock access to public benefits, subject to state administration rules, including:

• SNAP (food assistance)
• Medicaid and CHIP
• Housing support, including emergency or transitional programs
• TANF and other social services

Survivors often present the Prima Facie letter to state or local benefits offices as proof of eligibility under VAWA-based categories.

Step 5 (the long middle): full review, background checks, and the I-360 decision

After the prima facie stage, cases enter deeper review and background checks. This can involve 6–12+ months of detailed review, but the broader processing-time figures show that many petitions remain pending well beyond that window.

When USCIS approves the I-360, the approval typically comes with deferred action protections, and it opens the door to the next steps toward permanent residence for those who are eligible to adjust status in the United States.

If USCIS denies the I-360, there is a 30-day window to appeal to the Administrative Appeals Office (AAO). 91.9% of AAO cases resolve within 180 days. Motions to reopen require new evidence.

Key takeaway: the I-360 decision stage is the central bottleneck and determines whether adjustment and work authorization paths become available.

Work authorization: what you can and cannot do while waiting

VAWA filing alone does not grant permission to work. Unauthorized employment can create immigration problems, so survivors should be cautious.

Work-permit routes while waiting include:

• After I-360 approval, applicants may file Form I-765 in category (c)(31).
• If eligible for concurrent filing with adjustment of status, some applicants receive an Employment Authorization Document (EAD) in 6–12 months.
• With concurrent I-485, the (c)(31) EAD is commonly described as arriving in 5–8 months.

For the official filing page, use Form I-765, Application for Employment Authorization. Filing instructions, category codes, and required evidence change over time, so rely on USCIS’s current form guidance.

The green card stage: adjustment of status after VAWA approval

For many survivors already in the United States, the next step after I-360 approval is Form I-485, the application to register permanent residence.

Typical timing:

• I-485 wait: commonly 12–24 months, with overall green card timing affected by visa availability rules.

Use the official form page for fees, instructions, and updates: Form I-485, Application to Register Permanent Residence or Adjust Status.

Survivors should also remember that USCIS can schedule interviews in some adjustment cases. Interview scheduling adds time and preparation stress, especially for applicants rebuilding life after abuse.

Travel while a case is pending: why Advance Parole matters

International travel during a pending adjustment case can trigger abandonment rules unless you have travel permission. The common tool is Advance Parole, requested on Form I-131.

Advance Parole is not risk-free. It can involve re-entry risks and unlawful presence bars, so survivors should treat travel planning as a safety and legal decision, not just a logistical one.

For official instructions, use Form I-131, Application for Travel Document.

A realistic timeline you can plan around

Map milestones rather than expecting a single calendar estimate. Typical milestone-based planning:

• Week 1–2: Receipt notice is often issued.
• Week 4–8: Biometrics appointment is often scheduled.
• Month 3–9: Prima Facie Approval often arrives, and benefits access may start.
• By 41.5 months for 80% of cases: I-360 processing reaches the agency’s reported benchmark.
• After I-360 approval: I-485 processing often runs 12–24 months, pushing many total journeys into the 4–5 year range.

Quick reference table: typical windows