In the pursuit of obtaining a Green Card through VAWA approval, the burning question on many minds is, “How long does it take to get a Green Card after VAWA approval?” This journey holds immense significance for individuals seeking refuge from abusive situations, demanding not only emotional resilience but also a comprehensive understanding of the timelines involved.
In this comprehensive guide, we will delve into the intricate details of the timeframes associated with obtaining a Green Card after VAWA approval, shedding light on different scenarios and how an immigration attorney can be an invaluable asset during this process.
How Long Does it Take to Get My Green Card After VAWA Approval?
Applicants Under VAWA Affected by an Abusive U.S. Citizen Relative
If you find yourself tangled in an abusive relationship with a U.S. citizen relative, there’s a glimmer of hope offered by the Violence Against Women Act (VAWA) in the form of a potential Green Card. This opportunity is extended to immediate family members, such as parents, children, and spouses. What’s particularly unique about this category is the absence of a limit on available immigrant visas; these visas are continuously accessible. The moment you submit and have approved an I-360 Petition for Amerasian, Widow(er), or Special Immigrant through the United States Citizenship and Immigration Services (USCIS), a visa slot becomes within reach.
Two options present themselves to immediate relatives seeking a Green Card:
- Filing a Stand Alone I-360 Petition
You can submit an independent I-360 petition or combine it with an I-485 Adjustment of Status application. While an independent petition may be selected due to financial constraints, inadmissibility concerns, or travel limitations, it’s important to note that the I-360 petition highlights the abusive relationship and necessitates supporting evidence. This petition, managed by the Vermont Service Center, typically takes around two to three years for a determination.
Following I-360 approval, eligibility for employment authorization ensues, even without an adjustment of status application. USCIS revises its processing durations based on workload and application quantities. Opting for the independent path implies that after approval, an additional two-year waiting period might transpire before seeking permanent residence. This elongates the overall procedure to roughly five years.
- Filing an I-360 Petition with an Adjustment of Status Application
If you prefer a combined approach, filing both the I-360 petition and the I-485 application concurrently minimizes waiting times. While the I-485 isn’t reviewed until after the I-360 decision, the mere submission of the I-485 grants work and travel authorization possibilities. This arrangement allows applicants to lead fulfilling lives while they await resolution. Assuming a successful VAWA and adjustment of status application, the total timeline from filing to receiving a Green Card is approximately five years.
VAWA Applicants Affected by Abusive Permanent Resident Relatives
On the flip side, individuals linked to abusive relatives holding lawful permanent resident status (Green Card holders) encounter a distinct timeline. Eligibility for filing an adjustment of status application extends only to spouses and children. Regrettably, parents of lawful permanent residents are not encompassed within VAWA’s scope of eligibility. The pivotal point in this process is the priority date—the day USCIS receives the application, as indicated in the I-360 receipt notice, specifically the I-797C Notice of Action.
Even if the I-360 garners swift approval, a waiting period is inevitable for these individuals due to existing backlogs within the category. Keeping pace with the monthly published U.S. Visa Bulletin becomes essential to grasp the evolving status of the category.
Unlike those entangled with abusive U.S. citizen relatives, individuals affiliated with permanent residents confront limitations. Specifically, they’re unable to access authorizations for work, travel, or adjustment of status until the I-360 garners approval.
How an Immigration Attorney Can Help
As we’ve explored the intricate process of obtaining a Green Card after VAWA approval, you’re likely seeking comprehensive guidance to navigate this journey. Navigating the complexities of VAWA and the subsequent Green Card process necessitates expert assistance. This is precisely where the Law Office of 360 Immigration Law Group can be your invaluable partner. We offer meticulous legal support, conducting consultations in English, Spanish, or Portuguese via phone, Zoom, or WhatsApp. Our commitment extends across geographical boundaries, serving clients across the United States and beyond. Contact us at 954.667.3660 for a free consultation.