Understanding the VAWA Case Timeline: A Step-by-Step Guide

Hello and welcome I’m attorney Hillary Walsh, and today I’ll guide you through the straightforward process of the timeline for a VAWA (Violence Against Women Act) case.

Step 1: Submission of Your VAWA Application

The first step in a VAWA case is to submit all required documents. This includes:

– Form I-360

– Your attorney’s G-28 form (if you have an attorney)

– Your personal statement

– Evidence of extreme cruelty or battery

– Proof of the bona fides of your marriage (if applicable)

Ensure that all necessary evidence and passport photos are included. The good news is there’s no filing fee for VAWA cases.

Step 2: Receipt Notice from USCIS

After you submit your VAWA application to USCIS, expect to receive a receipt notice within two to six weeks. This notice confirms that USCIS has received your application, similar to a receipt you get at a store. You can use the receipt number to track your case status online.

Step 3: Prima Facie Determination

Within four to six months, you’ll receive a prima facie determination notice. “Prima facie” is a Latin term meaning “at first glance.” This notice indicates that, based on the initial review, your case appears to meet the basic requirements for VAWA approval. However, this does not guarantee final approval.

Step 4: Biometrics Appointment

Around the same time you receive your prima facie determination, you will also get a biometrics notice. This requires you to go to a USCIS office to have your fingerprints and photo taken. If you filed for a work permit along with your VAWA application, you might receive it around eight to ten months after filing.

Step 5: Request for Evidence (RFE) or Final Decision

The final stage involves either receiving an RFE or a decision on your case. If USCIS needs additional information, they will send an RFE. While receiving an RFE can be stressful, but it’s actually a positive step because it gives you a chance to provide the necessary evidence to support your case. Typically, it takes about three years from the initial filing to receive a final decision.

During the wait, your prima facie determination can be renewed, and in some states, it may allow you to access certain benefits, such as a driver’s license.

Additional Information

If you filed an I-485 (Application to Register Permanent Residence or Adjust Status) along with your VAWA petition, you will receive additional notices related to your work permit and possibly an I-131 (Application for Travel Document). Once your I-360 is approved, USCIS will start processing your green card application. A common sign that your green card approval is near is receiving an RFE for your medical exam if it wasn’t submitted initially.

Get Legal Help 

The VAWA case process, though lengthy, is well-defined. From submission to the final decision, it involves several key steps, and understanding this timeline can help manage expectations. If you need assistance with your VAWA case, New Frontier Immigration Law is here to help. Share this guide with anyone who might benefit from it, and feel free to reach out if you have any questions.