Lisinski Law Firm
It is difficult to predict how long it will take USCIS to complete a review of a VAWA case. However, USCIS does post processing times for various case types on their website: https://egov.uscis.gov/processing-times. As of August 2026, USCIS reports that 80% of VAWA cases are reviewed within 51 months. Therefore, our best estimate is that USCIS may take around 4 years to review a VAWA case. Depending on the potential complications of your case and USCIS’s workload at the time of filing your application, the approval process could take even longer. However, for humanitarian cases like VAWA, you may be eligible to obtain certain immigration benefits while waiting for a final decision. For example, VAWA petitioners filing an Adjustment of Status (also known as a green card) application can be eligible for an Employment Authorization Document (also known as a work permit). As of August 2026, USCIS reports that 80% of these work permit applications are reviewed in 12 months.
Although speaking directly with a VAWA immigration attorney can help provide a more accurate estimate based on your personal situation, we’re sharing a complete timeline covering how long VAWA takes to be approved in 2026.
A Prima Facie Determination is a notice sent by USCIS informing that the government has completed an initial review of the I-360 petition and that, on a first glance, the applicant has submitted enough evidence of meeting the basic VAWA eligibility requirements.
Receiving a Prima Facie determination does not mean that the case has been approved. However, this notice may bring certain benefits, such as a driver’s license or certain government benefits, depending on the state where the applicant resides.
Based on our experience as immigration attorneys, USCIS typically issues the Prima Facie notice between 3 to 9 months after a VAWA application is filed. Once the applicant receives the Prima Facie determination, approval of their VAWA case could still take between 3 and 4 years.
If adjustment of status was filed together with a VAWA petition and the applicant was eligible to do so, they may receive a Green Card once USCIS approves both applications. In other cases, you will need to wait until a visa becomes available before moving forward with your permanent residence application. For this reason, the total time required to obtain a Green Card will depend on the applicant’s immigration status and the strategy used to file the case.
Not everyone has to wait until VAWA approval before applying for a Green Card. If the abuser named in the case was a U.S. citizen and all the eligibility requirements are met, in many cases, the application for permanent residence (Form I-485) may be filed at the same time as the VAWA petition. On the other hand, if the abuser was a lawful permanent resident, the applicant will generally need to wait until a visa becomes available before applying for adjustment of status.
Every case is different, and the right time to apply for a Green Card depends on factors such as immigration history and the type of qualifying relationship.
One of the most common reasons for delays is USCIS’s heavy workload, as processing times constantly change based on the number of applications received. Additionally, approval may be delayed if USCIS issues a Request for Evidence (RFE) asking for additional documentation, if there are inconsistencies in the information submitted, or if the case involves more complex immigration or legal circumstances. Filing a complete application with strong supporting evidence from the beginning can help reduce unnecessary delays, although no attorney can guarantee a specific VAWA approval timeline in 2026.
At Lisinski Law Firm, we are ready to support you through every stage of the VAWA process.