When your VAWA case is taking too long
VAWA cases can be slow, and waiting with no answer is hard when your safety and your work depend on it. First compare your case to the processing time USCIS posts. If it is well past that time, there are steps we can take, from an inquiry to a federal lawsuit asking a court to order a decision.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
A long wait does not mean something is wrong with your case. It also does not mean you have to wait forever. This page explains how to tell when a VAWA case is truly late, what to do first, and when to bring in our federal-court practice. It is part of the guide to your green card after VAWA.
Step one: compare to the posted time
USCIS posts processing times for each form at uscis.gov/processing-times. We never copy those figures onto this site. Find the time posted for your form, Form I-360 or Form I-485, and compare it to the date on your receipt notice. If your case is inside the posted time, it is not late yet, however long it feels.
USCIS changed the VAWA filing addresses on October 7, 2026; check the I-360 form page. We link it rather than copy it, because it changes, and we do not name the office that decides VAWA petitions.
Step two: check the things that cause silent delays
- Your address. A notice sent to an old address, or to an address the abuser controls, may be a request for evidence you never saw. Keep a safe address on file. See the safe filing checklist.
- A request for evidence. If one arrived and was not answered, the clock may have run against you. See RFEs and notices of intent to deny.
- Biometrics or interview notices. A missed appointment can stall a case.
- A change in your life. A move, a divorce or a new marriage can matter. See divorce, remarriage and your case.
Step three: an inquiry
If the case is past the posted time and nothing is missing, the next step is an inquiry to USCIS. If we represent you, we make it, so no call or letter comes to your home. There is no government filing fee for a VAWA Form I-360 (8 C.F.R. 106.2(a)(17)(ii)), and an inquiry costs nothing to file.
Step four: a federal lawsuit
When an inquiry does not move a case that is well past the posted time, a lawsuit in federal court can ask a judge to order USCIS to make a decision. It does not ask the court to approve your case. Our federal-court practice handles these suits.
Your information stays protected in that process too. The government may not disclose information about a VAWA applicant to anyone, with limited exceptions (8 U.S.C. 1367(a)(2), (b)). How a lawsuit is filed so that it protects your privacy is discussed before anything is filed. Read confidentiality.
While you wait
The wait is not empty. A prima facie determination can make a self-petitioning spouse or child a "qualified alien" for certain public benefits, if the abuse happened in the United States, the benefits agency finds a substantial connection between the abuse and the need for benefits, and the abuser no longer lives in the same household (8 U.S.C. 1641(c); 8 C.F.R. 204.2(c)(6)(i)). Parents are not covered, and no prima facie notice is issued for a petition filed from abroad. Once the I-360 is approved, you are eligible for a work permit (INA 204(a)(1)(K)), and approved self-petitioners may be considered for deferred action on a case-by-case basis (USCIS Policy Manual Vol. 3, Part D).
If you are the spouse of a permanent resident, part of the wait may be the Visa Bulletin, not USCIS. A lawsuit cannot make a priority date current. See the Visa Bulletin wait.
If you are arrested or charged while you wait, talk to your criminal lawyer before you write anything down, and read arrested or charged.
Read next: after you file, RFEs and notices of intent to deny, the Visa Bulletin wait, or your green card after VAWA.
Common questions
How long should a VAWA I-360 take?
We do not publish processing times, because they change and an old number misleads. USCIS posts its current times at uscis.gov/processing-times. Compare your receipt date to the posted time for your form and office.
Can I call USCIS to ask about my VAWA case?
You can contact USCIS about your own case. Before you do, make sure the address and phone number USCIS has for you are safe, and that no one else can answer on your behalf. If we represent you, we make the inquiry for you.
Will a lawsuit make USCIS angry or deny my case?
A lawsuit to compel a decision asks a court to make the agency decide; it does not ask the court to approve your case. Whether it fits your situation, and what the risks are, is something our federal-court team reviews with you at uscisdelay.com.
Is there anything I can do while I wait?
Yes. Keep your address current with USCIS at a safe address, gather any evidence you could not include when you filed, and keep copies away from the abuser. If you have a prima facie determination, it may open certain public benefits. If your I-360 is approved, you are eligible to apply for a work permit.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.