After your VAWA petition is approved, the wait to receive your green card can range anywhere from several months to a couple of years, depending on factors like visa availability, processing times, and the specifics of your case. Filing Form I-485 (Application to Adjust Status) together with your Form I-360 (VAWA petition) can usually help expedite the process.
While the journey from VAWA approval to a green card can sometimes feel long, knowing the process and what to expect can help you stay prepared and confident as you move toward becoming a lawful permanent resident.
Filing Form I-485 With Your VAWA Petition
A petitioner does not have to wait for their VAWA application (Form I-360) to be approved before filing Form I-485 (Application to Adjust Status). In most cases, we file the VAWA petition and Form I-485 together, a process known as concurrent filing. This approach allows petitioners to begin the adjustment process immediately and potentially receive interim benefits, such as work authorization and advance parole, sooner.
However, there are instances where it is necessary to file the I-360 first and wait for its approval before submitting Form I-485. This is particularly common if the petitioner is in removal proceedings. In such cases, the process generally involves:
- Filing Form I-360 and awaiting its approval.
- Attempting to terminate the removal proceedings once the I-360 is approved.
- Filing Form I-485 to adjust status after the removal proceedings are terminated.
Once you file your Form I-485, you may be scheduled for a biometrics appointment, where your fingerprints and photo will be taken. Afterward, you may be asked to attend an interview with an immigration officer to review your application. If all goes well and your application is approved, you’ll receive your green card, granting you lawful permanent resident status.
Timeline for a Green Card
After filing your VAWA petition and I-485 adjustment of status (either together or separately), here is a breakdown of the typical next steps and timeline:
Biometrics Appointment
- Timeframe: Typically 1-3 months after filing I-485
- USCIS will schedule a biometrics appointment where you’ll have your fingerprints, photo, and signature taken for background checks. This step is generally quick, but processing times can vary.
Possible Interview
- Timeframe: Varies, if required
- Depending on your case, USCIS may request an interview. While not all applicants will need to attend an interview, it’s important to be prepared for this possibility, as it can add several months to your overall timeline.
Green Card Approval
- Timeframe: 15-40 months (approximately 1 to 3 years), on average
- Once all steps are completed, USCIS will review your case and approve your green card application. If there are no complications or additional documentation required, the approval and green card issuance can take between 15 to 40 months.
Receiving Your Green Card
- Timeframe: 1-2 months after approval
- After your green card is approved, you will receive your physical card within 1-2 months.
This timeline provides an estimate, but processing times can fluctuate based on individual circumstances. Staying informed and working with an experienced VAWA immigration lawyer can help you be prepared for each step.
Factors That Can Affect the Timeline
While the general timeline for getting a green card is fairly standard, there are multiple factors that can impact how quickly your case moves forward:
- Visa Backlogs – If there is high demand from your country, wait times may increase.
- USCIS Delays – Processing times can vary due to case volume or internal delays.
- Requests for Evidence (RFEs) – USCIS may ask for more information, slowing the process.
VAWA Requirements: How to Help Speed Up Processing Time
There are a few ways you can help expedite the process and avoid delays:
- Once you are eligible to apply for your green card, submit your Form I-485 (Adjustment of Status) as soon as possible, either concurrently with your I-360 or immediately after I-360 approval. Delaying submission may result in longer processing times.
- Carefully review and complete all forms before submission. Make sure all required documentation, such as identification, proof of eligibility, and supporting evidence, is included.
- Respond quickly if USCIS requests additional documents or information. Be sure to track and submit any follow-up information on time to avoid unnecessary holdups.
Odunlami Law: Your Trusted Guide Through the Process
At Odunlami Law, we know how important it is to secure your green card as quickly as possible. Our experienced team will:
- Help you navigate the complex process of visa availability and adjustment of status.
- Review your application to make sure it is complete and error-free, reducing the likelihood of delays or complications.
- We keep you informed every step of the way, so that you know exactly what to expect and when.
- We provide steadfast support during this crucial time, advocating for your best interests and protecting your rights throughout the process.
Contact An Immigration Attorney at Odunlami Law
If you have received your VAWA approval, you are already a step closer to a brighter, safer future. The next step is applying for your green card, and having compassionate, skilled legal support can make this process smoother and less stressful.
Questions about obtaining VAWA self-petitioner status? Contact us today to schedule a consultation.
