VAWA Timeline: Work Permit, Prima Facie, Approval, and Green Card Steps

Lisinski Law Firm

Approval of a VAWA case generally takes between 3 and 4 years. 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, such as a work permit, in approximately 8 to 10 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.

VAWA Timeline Overview in 2026

Initial USCIS Receipt Notice: 2–6 months

Prima Facie Determination: 3–9 months (if issued)

Work Authorization (EAD): Approximately 8–10 months

Form I-360 (VAWA Self-Petition): Approximately 3–4 years for a final decision

Form I-485 (Green Card):

- If filed concurrently: Approved after both the I-360 and I-485 are adjudicated.

- If filed later: Typically 12–24 months or longer after I-360 approval, depending on visa availability and USCIS processing times.

These are not guaranteed processing times, but rather realistic estimates based on our experience with USCIS. Let’s take a deep dive into each major milestone in a VAWA case to help you understand processing times and potential challenges.

You are not alone in this process, contact us for support.

How Long Does It Take to get a Work Permit Through VAWA?

A work permit is one of the most important benefits available through a VAWA case. To apply, Form I-765 (Application for Employment Authorization) must be filed with USCIS along with the VAWA application. Work permit approval may take approximately 8 to 10 months after submitting the case to immigration, and once approved, it could be received via mail in about two weeks.

A work permit could provide with benefits and possibilities such as:

A Social Security number

Financial independence

Better job opportunities and working conditions

Partial protection against detention

Access to public benefits

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What Is Prima Facie in a VAWA Case?

A Prima Facie 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.

How Long Does It Take to Get a Green Card Through VAWA?

In general, the entire process takes about 3 years, although some cases may take longer due to USCIS workload, Requests for Evidence (RFEs), or changes in processing times. The time it takes to obtain permanent residence through VAWA depends on the specific circumstances of each case.

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.

When Should You Apply for a Green Card With a VAWA 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.

Why Do VAWA Cases Take So Long?

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. Learn More!