VAWA Petition Processing Time: I-360, Prima Facie, and EAD

A VAWA self-petition on Form I-360 currently takes roughly two to three years for a final decision, and the full VAWA petition processing time from filing to green card typically runs longer than that once adjustment of status is factored in. Along the way you should see a prima facie notice within about five months, and you can apply for work authorization while the case is pending. If your abuser is a lawful permanent resident rather than a U.S. citizen, expect the total wait to stretch several years beyond the I-360 decision.

How Long the I-360 Itself Takes

Every VAWA self-petition is adjudicated at the Vermont Service Center, the only USCIS facility that handles these cases. That single-office setup exists to protect confidentiality and keep review with specialized adjudicators, but it also means one bottleneck sets the pace for every petitioner in the country.¹

As of early 2026, petitioners have generally reported waits in the range of two to three years for a final I-360 decision. The number moves. USCIS publishes current estimates on its processing times tool, and the posted range can shift by several months in either direction depending on filing volume and staffing, so check it directly before planning around any specific figure.²

There is no filing fee for the I-360 when filed as a VAWA self-petition.

The Prima Facie Notice at About Five Months

Before USCIS reaches a final decision, it runs a preliminary review of your filing. If the petition includes evidence of a qualifying relationship, abuse, shared residence, and good moral character, USCIS issues a Notice of Prima Facie Case.³ This notice typically arrives within roughly 150 days of filing, though timing varies.

A prima facie notice is not an approval. It means your case looks facially valid on the papers you submitted. Practically, though, the notice does two useful things right away: it makes you a “qualified alien” eligible for certain federal and state public benefits, and it gives you a document you can hand to agencies when you apply for assistance.³

The notice has an expiration date. Because final adjudication usually takes years, most petitioners will need to renew it at least once. To renew, mail a written request with a copy of your original notice to the Vermont Service Center’s VAWA office by certified mail before the notice expires.

What Pushes the Timeline Past the Estimate

The most common cause of extra delay is a Request for Evidence. When USCIS decides your filing is missing documentation or needs more support for a specific claim, it issues an RFE that effectively pauses your case until you respond. You get 84 days to reply, plus 3 days when the RFE is mailed, for a practical deadline of 87 days.⁴ USCIS cannot extend that window, and missing it can lead to a decision on whatever is already in the file.

Background and security checks run alongside adjudication. They are mandatory and outside your control, and a name that generates a match across federal databases can trigger additional review that adds weeks or months.

Filing errors cause the most avoidable delays. A missing signature, an incomplete form, or an incorrect fee on an accompanying application can cause outright rejection before USCIS even opens a case. A rejection is different from a denial: you have to re-file, and re-filing puts you at the back of the line.

Work Authorization While You Wait

You do not have to wait for the I-360 decision to work legally. VAWA self-petitioners can file Form I-765 for an Employment Authorization Document, and Form I-131 for advance parole if they need to travel internationally while the case is pending. USCIS often issues a combo card that covers both.

EAD and advance parole timelines fluctuate independently of the I-360 wait. Check the USCIS processing times page for a current estimate; historically these applications have taken several months, but the range has moved significantly.²

Automatic EAD Extensions Ended October 30, 2025

This one has caught petitioners off guard. Before October 30, 2025, VAWA self-petitioners in the (c)(31) employment authorization category who filed a timely renewal received an automatic extension of up to 540 days. That safety net is gone. An interim final rule published on October 30, 2025, eliminated automatic EAD extensions for renewal applications filed on or after that date.⁵

If your current EAD was automatically extended before October 30, 2025, that extension remains valid. For any renewal filed after that date, there is no automatic bridge: if USCIS has not decided the renewal by the time your current EAD expires, you lose work authorization until the new card arrives.⁵ File the renewal as early as USCIS allows, up to 180 days before expiration, to minimize any gap.

After the I-360: Time to the Green Card

An approved I-360 is not itself a green card. It makes you eligible to apply for one by filing Form I-485 to adjust status, and how long that leg takes depends almost entirely on your abuser’s immigration status.¹

If Your Abuser Is a U.S. Citizen

You fall into the immediate relative category. A visa number is always available, so there is no line to wait in. You can often file the I-485 concurrently with the I-360, and a green card decision typically follows within one to two years after the I-360 is approved. This is the faster track.

If Your Abuser Is a Lawful Permanent Resident

You are placed in a family preference category with a priority date, and you have to wait for a visa number to become available under the State Department’s monthly Visa Bulletin.¹ Your priority date is the date USCIS received your I-360. Depending on the backlog in your category, this can add several years on top of the I-360 processing time. You cannot file the I-485 until your priority date is current.

One boundary to note on the back end: if your marriage was less than two years old when the green card is issued, you receive conditional residence that expires after two years. VAWA lets you file Form I-751 on your own to remove those conditions by requesting a waiver of the joint filing requirement.⁶ That is a separate step, not part of the I-360 wait.

Checking Status and Flagging Delays

You can check status any time with the USCIS Case Status Online tool. Enter the 13-character receipt number from your I-797 notice, three letters followed by ten numbers, and the system will show the last action on your case and any next steps.⁷

If your case has been pending longer than the posted processing time for your form type, submit a case inquiry through the USCIS e-Request system. That flags your file for review and puts the agency on notice that you have exceeded the expected wait.⁸ Attorneys and accredited representatives can submit inquiries for you, which is useful given the confidentiality protections that apply to VAWA cases.

If Your Petition Is Denied

A denial is not necessarily the end, but the clock is short. Because you are both the petitioner and the beneficiary in a VAWA case, you have standing to pursue any of three options on your own.⁹

Appeal to the Administrative Appeals Office within 33 days of the decision (30 days plus 3 for mailing). You do not have to submit a brief with the appeal, but you must identify the specific legal or factual errors in the decision.
File a motion to reopen with the same office that denied the case, within the same 33 days, submitting the new evidence you want considered.
File a motion to reconsider within 33 days if you believe the adjudicator misapplied the law or policy to the evidence already in the file. Include legal citations supporting your argument.

There is no fee for a motion or appeal on a VAWA denial.⁹ The 33-day window is strict and cannot be extended, so if you receive a denial, treat it as urgent.

1
U.S. Citizenship and Immigration Services. Green Card for VAWA Self-Petitioner
2
U.S. Citizenship and Immigration Services. Processing Times
3
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3 Part D Chapter 5 – Adjudication
4
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part E Chapter 6 – Evidence
5
Federal Register. Removal of the Automatic Extension of Employment Authorization Documents
6
U.S. Citizenship and Immigration Services. I-751, Petition to Remove Conditions on Residence
7
U.S. Citizenship and Immigration Services. Checking Your Case Status Online
8
U.S. Citizenship and Immigration Services. e-Request – Check Case Processing
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U.S. Citizenship and Immigration Services. Questions and Answers – Appeals and Motions