What is Prima Facie Determination in VAWA Immigration Cases?

Editor’s Note: This article was updated in December 2025 to provide clearer guidance for immigrant survivors seeking VAWA protection and understanding prima facie determinations.

At Odunlami Law Firm, we often assist clients applying for protection under the Violence Against Women Act (VAWA), a critical pathway for immigrant survivors of abuse to secure lawful status and independence. One of the most common questions we receive about the application process is: What is a prima facie determination?

Understanding Prima Facie Determination in a VAWA Case

When you file a VAWA self-petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, U.S. Citizenship and Immigration Services (USCIS) begins by reviewing your initial submission. This initial review determines whether your petition appears credible and complete enough to proceed. This step is called a prima facie determination, which literally means “at first sight.”

Receiving a prima facie determination notice means that USCIS has reviewed your petition and found that, based on the evidence you’ve provided so far, you appear to meet the basic eligibility criteria under VAWA. While it is not an approval, it’s an important acknowledgment that your case merits further review and consideration.

Why the Prima Facie Determination Matters

For many survivors of abuse, receiving this notice is a significant milestone. It shows that USCIS recognizes your petition as potentially valid and may qualify you for certain temporary benefits while your full VAWA case is pending.

What It Does Mean

• USCIS has determined that your petition is credible enough to proceed.
• You may qualify for short-term public benefits (depending on your state).
• Your case will move forward for full adjudication.

What It Does Not Mean

• It is not an approval of your VAWA petition.
• It does not grant work authorization, lawful status, or a green card.
• It does not guarantee a final approval.

In short, a prima facie determination is an encouraging first step, but it’s only the beginning of your immigration journey.

How USCIS Makes a Prima Facie Determination

During this stage, USCIS evaluates the initial documents and evidence submitted with your VAWA self-petition (Form I-360). Common evidence includes:

• Police or medical reports documenting abuse
• Affidavits from friends, family members, or counselors
• Proof of shared residence or finances with the abuser
• Evidence of good moral character (such as tax records or community involvement)

If the information you provide appears consistent and credible, USCIS will issue a prima facie determination, and your petition will move to the full adjudication stage, where your case is reviewed in depth. At this point, USCIS may request additional evidence or clarification before deciding whether to approve your petition.

For official details, see the USCIS Policy Manual on VAWA self-petitions.

Benefits of Receiving a Prima Facie Determination

Receiving a prima facie determination offers several practical and emotional benefits for VAWA applicants. While it doesn’t provide immigration status, it can ease uncertainty and provide stability during a stressful process.

Access to Temporary Benefits

In some states, a prima facie determination may allow access to certain public assistance programs, such as health care, food support (SNAP), or education benefits. Availability varies by location, so it’s important to check your state’s eligibility rules.

Support for Work Authorization

A prima facie finding can strengthen your case when applying for a work permit (Employment Authorization Document, or EAD) while your VAWA case is pending.

Keeps Your Case Active

It ensures your petition remains under review and helps prevent early denial due to incomplete information or lack of evidence.

These temporary protections provide crucial breathing room for survivors to stabilize their lives while waiting for their petition to be fully processed.

What Happens After the Prima Facie Stage?

After receiving your prima facie determination, USCIS continues evaluating your full petition. This involves verifying your documents, reviewing testimony, and sometimes issuing a Request for Evidence (RFE) for additional proof.

If the evidence supports your eligibility, your VAWA petition may be approved — allowing you to apply for adjustment of status (a green card) or other immigration benefits. However, if the petition is denied, any temporary benefits tied to the prima facie finding will end.

At this point, working with an experienced VAWA Immigration Attorney can make a major difference. A skilled attorney ensures your documentation is complete, your story is effectively presented, and your legal rights remain protected throughout every stage of review.

Why Choose Odunlami Law for Your VAWA Case

At Odunlami Law Firm, we understand that VAWA cases are deeply personal and emotionally taxing. We approach every case with compassion, confidentiality, and a focus on empowering our clients. Our legal team helps clients:

• Strengthen petitions by gathering and organizing compelling evidence
• Respond effectively to USCIS Requests for Evidence (RFEs)
• Access benefits tied to a prima facie determination
• Navigate adjustment of status and related immigration processes

With offices serving clients nationwide, we have helped countless immigrant survivors reclaim safety, stability, and independence.

Take the Next Step Toward Safety and Legal Protection

If you have filed a VAWA self-petition or received a prima facie determination and need help understanding your next steps, Odunlami Law Firm is here to guide you. With our help, we will review your case, explain your options, and help you move forward with confidence.

Schedule a consultation today to get personalized advice and support for your immigration journey. Let our team help you take control of your future with dignity and hope.