Adjustment of Status for VAWA Petitioners: A Pathway to Green Card for Victims of Abuse

For survivors of abuse by a U.S. citizen or lawful permanent resident, the Violence Against Women Act (VAWA) offers a powerful form of protection—and a path toward lawful permanent residency. Through a process known as adjustment of status, individuals who have been approved under VAWA may be eligible to apply for a green card without the involvement or knowledge of their abuser. This guide explains how the adjustment process works for VAWA petitioners, who qualifies, when to file, and what to expect at each stage. Whether someone is already protected under VAWA, exploring their options, or navigating a complex immigration situation due to domestic violence, understanding these steps can be critical to staying safe—and building a secure future in the U.S.

What is VAWA and How does it support Survivors?

The Violence Against Women Act (VAWA) is a federal law that allows certain noncitizens who have experienced abuse to pursue immigration relief independently of their abuser. Originally passed in 1994 and expanded over time, VAWA enables eligible spouses, children, and parents of U.S. citizens or lawful permanent residents to apply for legal status without the abuser’s participation or knowledge.

Unlike traditional family-based immigration, VAWA protections are designed to safeguard individuals from further harm by removing the power imbalance in the immigration process. Survivors can self-petition for lawful status and later apply for a green card through a process called adjustment of status, provided they meet specific eligibility criteria.

Key features of VAWA include:

• Confidential self-petitioning (Form I-360)
• Eligibility to apply for lawful permanent residence
• Protection from deportation or removal during the process
• Access to work authorization and other humanitarian benefits

VAWA reflects a commitment to ensuring that affected individuals can seek safety, independence, and lawful immigration status without remaining in a dangerous or coercive relationship.

Who can apply for Adjustment of Status Under VAWA?

Not everyone who experiences abuse is eligible to adjust status under VAWA. The law provides this pathway to specific categories of individuals who have suffered battery or extreme cruelty by a qualifying relative and meet key statutory requirements. Adjustment of status becomes available once the individual has an approved or concurrently filed Form I-360 (VAWA self-petition).

Eligible Relationships for VAWA Protection

To qualify for adjustment through VAWA, the individual must be:

• The spouse of a U.S. citizen or lawful permanent resident who subjected them to abuse
• The child (unmarried and under 21) of an abusive U.S. citizen or LPR
• The parent of an abusive U.S. citizen child (age 21 or older)

In all cases, the applicant must demonstrate that:

• The abuser is or was a U.S. citizen or LPR
• The relationship was legally valid (for spouses or children)
• The abuse occurred in the United States or during a qualifying relationship

Additional Requirements for Adjustment Eligibility

To apply for a green card under VAWA, the applicant must also:

• Have a pending or approved Form I-360
• Be physically present in the United States
• Be eligible for an immigrant visa (immediately available for most VAWA categories)
• Be admissible or eligible for a waiver of inadmissibility
• Merit a favorable exercise of discretion by USCIS

Importantly, survivors do not need the consent or support of the abusive relative to proceed with their immigration case. VAWA is designed to ensure that no one must remain in an abusive environment to preserve their chance at lawful status.

When can a VAWA-based Green Card Be Filed?

A green card application based on VAWA can be filed either after the I-360 self-petition is approved or at the same time (i.e. concurrently) under certain conditions. Understanding the timing is critical, as it affects eligibility for work authorization, travel documents, and protection from removal.

Concurrent filing of Form I-360 and Form I-485

In most cases, survivors who are immediate relatives of U.S. citizens—such as spouses, parents, or unmarried children under 21—are eligible to file Form I-485 (Adjustment of Status) at the same time they submit Form I-360. This is known as concurrent filing and is allowed when an immigrant visa is “immediately available.”

Benefits of concurrent filing include:

• Earlier access to a work permit and travel authorization
• Stronger protection from deportation while the case is pending
• Streamlined processing of the green card application

Filing After I-360 Approval

If the applicant is not eligible to file concurrently—such as in the case of spouses of lawful permanent residents—they must wait until:

• The I-360 is approved, and
• Their priority date becomes current based on the Visa Bulletin

In these cases, USCIS will notify the applicant when they may proceed with Form I-485.

Special Considerations

• Survivors in removal proceedings may still apply for adjustment, either through the immigration court or after termination of proceedings.
• If the applicant has been out of status or entered the U.S. without inspection, they may still be eligible for adjustment under VAWA-specific exceptions.

Filing strategy should always be tailored to the applicant’s situation. Working with legal counsel helps ensure that all eligibility windows are properly evaluated and that forms are filed at the optimal time.

Key Steps in the VAWA Adjustment of Status Process

Adjustment of status under VAWA follows a multi-step process involving both humanitarian protection and permanent residency pathways. Each stage must be carefully prepared and documented to avoid delays or denials.

Step 1: Prepare and Submit Form I-360 (VAWA Petition)

• File with evidence of abuse (police reports, affidavits, medical or psychological evaluations, etc.)
• Include proof of the qualifying relationship and good moral character
• If eligible, submit Form I-485 concurrently

Step 2: File Form I-485 (Application to Adjust Status)

• Include required forms and evidence:
  • Birth certificate, passport copies, and proof of entry (e.g., I-94)
  • Form I-693 (Medical Examination)
  • Two passport-style photos
  • Filing fee or Form I-912 (fee waiver request)
• File concurrently with I-360 or after approval, based on visa eligibility

Step 3: Receive Biometrics Appointment

• USCIS will issue a notice to attend a biometrics appointment for fingerprinting and photo capture
• This allows background checks and identity verification

Step 4: Obtain Work Authorization and Travel Permission (Optional)

• File Form I-765 for a work permit and Form I-131 for advance parole
• Both can be filed concurrently with Form I-485

Step 5: USCIS Interview (If Required)

• USCIS may waive the interview, but many VAWA-based applicants are scheduled for one
• Bring originals of all documents, supporting evidence, and legal counsel if applicable

Step 6: Receive Decision on Green Card

• If approved, USCIS will mail the green card
• If a Request for Evidence (RFE) is issued, respond by the stated deadline

This process often takes several months to over a year, depending on USCIS workloads and case complexity.

Filing I-360 and I-485:  Together vs. Separately

Survivors eligible for adjustment of status under VAWA may have the option to file Form I-360 (VAWA self-petition) and Form I-485 (Application to Adjust Status) at the same time—or submit them in two separate stages. Choosing the right approach depends on visa category, timing, and strategic considerations.

Concurrent Filing (I-360 + I-485 Together)

Concurrent filing is available when:

• The applicant is an immediate relative of a U.S. citizen (spouse, parent, or child under 21)
• An immigrant visa is immediately available based on the applicant’s category

Advantages:

• Faster access to work authorization (EAD) and advance parole
• Triggers immediate protection under the “pending AOS” category
• Reduces overall wait time for green card issuance

Considerations:

• Requires submitting complete documentation for both petitions simultaneously
• Denial of the I-360 may result in I-485 denial unless other forms of relief exist

Sequential Filing (I-360 First, Then I-485)

Sequential filing is required when:

• The applicant is in a visa category that is not immediately current (e.g., spouse of a lawful permanent resident)
• USCIS advises waiting due to case-specific factors

Advantages:

• Allows time to build a stronger I-360 case without rushing the AOS application
• Separates adjudication steps, which may be helpful in complex situations

Considerations:

• Delays access to work and travel permits
• Requires tracking the Visa Bulletin and ensuring I-485 is filed timely once eligible

Legal guidance can help determine which filing method is most advantageous based on the applicant’s category, risk factors, and current immigration status.

Work Authorization and Travel while waiting

Survivors who apply for adjustment of status under VAWA often want to know whether they can legally work or travel while their green card application is pending. The answer is yes—but both benefits require separate applications and come with important rules.

Work Authorization: Form I-765

Applicants may file Form I-765 (Application for Employment Authorization) along with Form I-485. This allows lawful employment while waiting for USCIS to process the green card application.

• Category: (c)(9) for adjustment applicants
• Timing: Usually issued within 3–6 months of filing
• Validity: Typically valid for two years and renewable while AOS is pending

Having a valid EAD provides security, income, and the ability to obtain a Social Security number.

Travel Permission: Form I-131

Applicants may also request advance parole by filing Form I-131 (Application for Travel Document) with their adjustment application.

• Purpose: Allows reentry to the U.S. after brief international travel
• Risks: Travel without advance parole may result in abandonment of the AOS application
• Best Practice: Avoid travel if there are unresolved inadmissibility issues or pending hearings

Important Notes

• Approval of work and travel benefits does not guarantee green card approval
• If I-485 is denied, associated EAD and advance parole are automatically revoked
• Individuals in removal proceedings or with past immigration violations should consult legal counsel before traveling

While waiting for a decision, these benefits provide critical stability and freedom—but they must be approached carefully.

What happens after filing for a Green Card through VAWA?

Once Form I-485 is filed—either with or after the I-360 petition—the adjustment of status process enters a review phase. While timelines can vary, understanding what happens next can help survivors plan ahead and respond appropriately to USCIS communications.

Receipt Notices

Within a few weeks of filing, USCIS will issue Form I-797C receipt notices confirming acceptance of:

• Form I-485 (Adjustment of Status)
• Form I-765 (Employment Authorization), if filed
• Form I-131 (Advance Parole), if filed

These notices include case numbers that allow tracking through the USCIS Case Status tool.

Biometrics Appointment

Applicants will be scheduled for a biometrics appointment at a local USCIS Application Support Center. This includes fingerprinting, a photograph, and signature for background checks.

Failure to attend the appointment may result in delays or denial, unless rescheduled in advance.

Employment and Travel Card Issuance

• EAD and advance parole (if requested) are typically issued within 90–150 days.
• These arrive as a combined combo card that allows both work and travel.

USCIS Interview (If Required)

Not all VAWA-based green card applicants are interviewed, but USCIS may request one to:

• Verify identity and eligibility
• Clarify discrepancies or request updated documents
• Evaluate discretionary factors

Legal counsel is strongly advised for interview preparation, especially in complex cases.

Final Decision

If approved, the applicant will receive their green card by mail. If denied, USCIS will issue a written decision with the basis for denial and instructions on any available appeal or motion to reopen.

Timelines vary based on USCIS caseloads, background check processing, and the completeness of the initial application.

Can Adjustment of Status be denied under VAWA?

While VAWA provides critical protections for survivors, a green card through adjustment of status is not automatically guaranteed. USCIS reviews each case for legal eligibility, admissibility, and discretionary factors. Understanding the most common reasons for denial can help applicants and advocates address potential issues early in the process.

Common Grounds for Denial

• Inadmissibility: Certain criminal convictions, immigration fraud, or prior removal orders may make an applicant inadmissible.
• Insufficient Evidence: Failure to prove the qualifying relationship, good moral character, or evidence of abuse may result in denial.
• Discretionary Factors: Even if all eligibility criteria are met, USCIS may deny a green card as a matter of discretion if there are concerns about conduct, honesty, or intent.

Admissibility and Waivers

• VAWA applicants may still qualify even if they are out of status, entered without inspection, or have prior violations.
• Some grounds of inadmissibility can be waived by filing Form I-601 (Waiver of Grounds of Inadmissibility) or, in limited cases, Form I-602.
• USCIS is authorized to apply a more generous standard of discretion under VAWA, especially where humanitarian factors or harm from the abuse are well-documented.

Responding to Requests for Evidence (RFE)

If USCIS has concerns about eligibility or documentation, they may issue an RFE. It’s critical to respond thoroughly and on time. Failure to respond may lead to denial without further notice.

Legal Representation Matters

Survivors facing complex histories—including past criminal charges, false entries, or prior denials—should seek experienced immigration counsel. A legal advocate can frame the strongest argument for relief and address any discretionary concerns proactively.

A denial of adjustment under VAWA can have serious consequences, including vulnerability to removal. But many cases are resolvable with strategic legal support and timely action.

Can VAWA Adjustment proceed while in Removal Proceedings?

Yes—individuals in removal proceedings may still pursue a green card through VAWA-based adjustment of status. In fact, the protections offered by VAWA are often designed for survivors who find themselves at risk of deportation due to their immigration status and the actions of an abusive family member.

Adjustment of Status in Immigration Court

When someone is in removal proceedings, their adjustment application (Form I-485) is typically handled by the immigration judge, rather than USCIS. In these cases:

• The I-360 petition must still be filed with and approved by USCIS.
• Once approved, the adjustment case can move forward in court—often through a merits hearing where the judge evaluates eligibility and discretion.

Administrative Closure vs. Termination

Depending on the case and local court practice:

• A request can be made for administrative closure to pause proceedings while pursuing relief outside of court.
• In some cases, attorneys may seek termination of proceedings to allow USCIS to adjudicate the I-485 instead.

Legal counsel plays a critical role in determining the best forum for adjudication and ensuring that jurisdictional rules are followed correctly.

Special Considerations

• Survivors in proceedings may face heightened scrutiny or procedural delays, making legal strategy especially important.
• Inadmissibility waivers may still be needed if the individual has criminal history, prior removals, or misrepresentation issues.
• If the applicant loses their case, they may still be eligible to appeal to the Board of Immigration Appeals (BIA).

While navigating adjustment of status during removal proceedings can be more complex, VAWA offers powerful protections that remain valid even in court settings. Many survivors have successfully secured lawful permanent residency through this process with the right legal guidance.

Legal Support and Why it Matters

Applying for a green card under VAWA is both a legal and personal journey—one that requires careful documentation, strategic timing, and an understanding of how trauma can intersect with immigration law. At Benach Pitney Reilly Immigration, we provide compassionate, experienced legal support to help survivors navigate this complex process with confidence.

How Benach Pitney Reilly Immigration can help

Survivors seeking adjustment of status under VAWA face unique challenges that often go beyond standard immigration filings. Our attorneys work closely with each client to:

• Build a strong evidentiary record that documents abuse, good moral character, and all eligibility criteria
• Avoid procedural delays by ensuring that all petitions, forms, and supporting materials are correctly prepared and filed
• Address complex legal issues like inadmissibility, prior removal orders, or overlapping forms of relief
• Advocate effectively during USCIS interviews or immigration court hearings
• Respond to RFEs or Notices of Intent to Deny with clear, compelling legal arguments

Client-Centered, Trauma-Informed Advocacy

At Benach Pitney Reilly Immigration, we recognize that survivors often carry more than legal burdens—they carry lived experiences of fear, resilience, and uncertainty. We approach every case with:

• Sensitivity to trauma and safety concerns
• Privacy and discretion in all communications
• Personalized strategies tailored to each survivor’s circumstances

Whether filing for the first time or seeking help after a previous denial, our team is committed to ensuring that survivors have a powerful legal ally on their side.

Protecting the Right to Stay Safe and Lawfully in the U.S.

At Benach Pitney Reilly Immigration, we understand the courage it takes to leave an abusive situation and seek protection through VAWA. For many survivors, adjustment of status is more than a legal process—it’s a path to security, independence, and a new beginning.

Our attorneys bring deep experience and unwavering commitment to every VAWA-based green card case we handle. We’ve helped survivors across the country file self-petitions, overcome inadmissibility issues, defend against removal, and ultimately secure lawful permanent residency.

What sets us apart:

• Strategic filing and advocacy for both affirmative and defensive VAWA cases
• Experience with concurrent and court-based adjustment of status
• Discreet, trauma-informed guidance throughout every stage of the process
• Proven success handling complex waivers, RFEs, and interviews

We believe survivors deserve not only protection—but the dignity of legal status and the opportunity to thrive.

If you or someone you care about is pursuing a green card through VAWA, contact Benach Pitney Reilly Immigration today. We’re here to listen, advise, and fight for your right to remain safely in the United States.