​​​​Adjustment of Status Works Under VAWA

In most family-based green card cases, adjustment of status requires a petition filed by a U.S. citizen or green card holder to establish the qualifying relationship. Under VAWA, this requirement is replaced by a VAWA self-petition (Form I-360). The self-petition establishes both the qualifying family relationship and the abuse, allowing the survivor to move forward without the abuser’s involvement.

 

If the abuser is a U.S. citizen, the survivor may file the VAWA self-petition and the green card application (adjustment of status) at the same time. This concurrent filing also allows the survivor to apply for work authorization and travel permission while the case is pending. If the abuser is a lawful permanent resident, the survivor must first file the VAWA self-petition and then wait for a visa number to become available under the applicable family preference category before applying for a green card.

 

Once an adjustment of status is properly filed, the applicant is generally authorized to remain in the United States while the case is pending, even if their prior immigration status has expired.

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​​​Who May Qualify for a VAWA Green Card

​VAWA protection is available to certain noncitizens who have a qualifying relationship to the abuser, including spouses, unmarried children under 21, and parents of abusive U.S. citizen children who are 21 or older. The applicant must show that they experienced battery or extreme cruelty, lived with the abuser at some point, and are a person of good moral character. Battery includes physical acts such as hitting, slapping, choking, sexual abuse, or other offensive touching without consent. Extreme cruelty refers to non-physical abuse that shows a pattern of control, intimidation, or domination. This may include isolation, humiliation, economic control, threats of violence, threats of deportation, or controlling access to food, family, medical care, or finances. USCIS evaluates abuse claims on a case-by-case basis and considers the totality of the circumstances. VAWA law recognizes that abuse does not always leave visible injuries. Psychological abuse, threats, coercion, and patterns of behavior may qualify even if a single act does not appear violent on its own. Abuse involving third parties may also be considered if the U.S. citizen or green card holder condoned or participated in the conduct.​

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​​​Evidence in VAWA Cases

​VAWA allows applicants to submit any credible evidence to support their case. This may include police or court records, medical or psychological evaluations, protection orders, affidavits from social workers, religious leaders, teachers, or family members, documentation from domestic violence shelters, photographs, or detailed personal declarations. USCIS must consider all credible evidence submitted. Applicants must also demonstrate good moral character, which USCIS typically evaluates over the three years preceding the filing. Minor traffic violations do not automatically disqualify an applicant, but serious or repeated misconduct may affect eligibility.

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​​​What to Expect During the VAWA Green Card Process

​After filing, USCIS issues a receipt notice, usually within a few weeks, confirming that the case has been accepted. Biometrics (fingerprint appointment) are typically scheduled shortly thereafter. In some cases, USCIS may issue a request for additional evidence or schedule an interview. VAWA cases may be decided without an interview; however, recent trends show that USCIS now requires interviews in most cases. If the case is approved, the green card is mailed directly to the applicant. If the case is denied, USCIS may issue a Notice to Appear, which could place the applicant into removal proceedings. Because of these high stakes, careful legal preparation is critical. Processing times vary widely. On average, VAWA cases may take one to four years, but once an adjustment of status is filed, the applicant is generally protected from removal and may be eligible for work authorization and travel permission while waiting.

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​​​Confidentiality and Protection Under VAWA

​VAWA cases are strictly confidential. USCIS is prohibited from notifying the abuser or sharing information about the case. All correspondence can be sent to a safe address or directly to the applicant’s attorney. Filing a VAWA petition does not automatically result in criminal charges against the abuser. VAWA also forgives many common immigration violations, including visa overstays, unauthorized employment, and certain entries without inspection. In addition to permanent residency, VAWA may provide access to certain public benefits and offers a long-term pathway to U.S. citizenship.

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Attorney Fee: $5000

✓ Processing Time: 9–36 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ No Government Filing Fees for VAWA

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At Dream Immigration Law, we are committed to providing survivors with clear guidance, confidentiality, and respectful advocacy throughout the process. If you or a loved one has experienced abuse and is seeking a safe and independent path to permanent residency, speaking with an experienced VAWA green card lawyer can be the first step toward stability and security.