Lisinski Law Firm
The Prima Facie notice represents a very important step in VAWA cases. In this letter, USCIS informs the applicant that an initial review of the I-360 petition has been completed and that, based on the information submitted up to that point, the application meets the basic requirements.
At Lisinski Law Firm, we have filed thousands of VAWA cases, and although each of these cases is unique, we have seen that most applicants generally receive the Prima Facie determination between 3 to 9 months after filing the I-360 petition. However, this timeframe may vary depending on USCIS’s workload and the particular circumstances of each case.
Not all applicants receive a Prima Facie determination. In some cases, USCIS may issue a Request for Evidence (RFE) if it needs additional information before continuing its review of the case.
As immigration attorneys dedicated to difficult cases, we know that it is not possible to anticipate the outcome of a case during its initial stages. The Prima Facie determination is one of the first stages in the timeline of a VAWA case, and receiving it does not guarantee that the case will be approved. USCIS may determine, even years after issuing the Prima Facie determination, that the person does not qualify to obtain legal status through VAWA and deny the petition. Reasons for a denial may include:
“There is no guarantee that the applicant will win, but it is very good news if they have already received the Prima Facie determination.”
After receiving the Prima Facie determination, the applicant may be able to access benefits such as a driver’s license or certain government benefits, depending on the state where they live. In many cases, if the applicant also filed Form I-765 (Application for Employment Authorization) and meets the applicable requirements, they may later receive a work permit. Processing times may vary depending on the circumstances of the case and USCIS processing times.
The final decision in the VAWA case could take an additional 3 to 4 years. Although it may seem like a long journey, it is important to recognize the value of receiving the Prima Facie determination early in the process. This means that the applicant submitted a strong application and may be closer to achieving their immigration goals.
At Lisinski Law Firm, we support our clients through every stage of the VAWA process.
If you have questions about the Prima Facie determination or would like to learn about your options under a VAWA case, our team is ready to discuss your situation.