Suppose you have filed a VAWA self-petition under the Violence Against Women Act due to abuse by a U.S. citizen or lawful permanent resident family member. In that case, you may be wondering if you can apply for a green card.
A green card means lawful permanent residence, and the question is whether you can apply before your VAWA petition is approved. The short answer is yes, in many cases, you can file for a green card through adjustment of status while your VAWA petition is still pending, as long as you meet certain conditions. However, the timing and eligibility depend on factors like your relationship to the abuser (U.S. citizen vs. permanent resident) and visa availability.
For context, USCIS reports that VAWA self-petitions filed by abused spouses adjudicated in FY 2024 were pending about 38 months on average, a reminder that smart timing can matter.
Below, we provide a deep research into this topic, explaining the requirements, process, and key considerations under U.S. immigration law for VAWA self-petitioners seeking lawful permanent resident status.
Understand VAWA Self-Petitions
VAWA lets certain survivors file a self-petition (Form I-360) without the abuser’s knowledge. Qualifying relationships include an abusive U.S. citizen spouse/parent/son or daughter (21+), or an abusive lawful permanent resident spouse or parent. To qualify, a self-petitioner shows: a qualifying relationship, battery or extreme cruelty, some shared residence, and good moral character, generally reviewed for the three years before filing and through the decision.
VAWA is gender-neutral and does not require you to remain married. If a marriage ended, filing can still be possible when the divorce or death occurred within two years and is connected to the abuse. In some cases, you may retain an earlier priority date from a family petition the abuser filed, which can shorten wait times.
Scale matters: In FY 2024, USCIS received 35,917 VAWA self-petitions from abused spouses, plus 1,387 from abused children and 32,867 from abused parents.
Eligibility to Apply for a Green Card (Adjustment of Status) under VAWA
“Adjustment of status” is the process of applying for a green card from within the United States. VAWA self-petitioners can adjust status to become lawful permanent residents if they meet the criteria. According to USCIS, to be eligible for a VAWA-based green card, you must satisfy the following requirements:
Physical Presence:
You are physically present in the United States at the time of filing Form I-485, the green card application. VAWA adjustments are only done inside the U.S.; if you are abroad, you would instead pursue an immigrant visa through consular processing once the petition is approved.
Proper Filing:
You properly file a Form I-485, Application to Register Permanent Residence or Adjust Status. This means submitting the form with correct fees or a fee waiver, signatures, and required supporting documents. We will detail the required documents in the next section.
Immigrant Visa Eligibility:
You are eligible to receive an immigrant visa in practical terms, this means you have an approved or pending VAWA petition that can serve as the basis for an immigrant visa. USCIS specifically notes that an immigrant visa can be based on “a previously filed VAWA self-petition that remains pending if ultimately approved” or on an approved petition. In other words, a pending VAWA petition is sufficient to file for a green card, as long as it gets approved eventually.
Visa Availability:
An immigrant visa must be immediately available to you at the time you file the I-485 and at the time USCIS makes a final decision on your application. This requirement is crucial and depends on your relationship to the abuser see the Immediate Relatives vs. Preference Categories section below. If you are in a category with visa backlogs, your priority date, the filing date of your I-360 must be current per the Visa Bulletin before you can file or be approved for adjustment.
No Bars to Adjustment:
Normally, certain factors like entering the U.S. without inspection, overstaying a visa, unauthorized employment, etc. can bar someone from adjusting status under INA 245(c). However, VAWA self-petitioners are exempt from all of the usual adjustment bars. This is a significant protection in immigration law for VAWA cases even if you have past immigration violations such as unlawful entry or status overstay, you can still adjust status through VAWA. For example, entering without inspection (EWI) is normally a bar to adjustment, but VAWA petitioners are explicitly exempt from that bar. Similarly, the public charge ground of inadmissibility and the requirement for an Affidavit of Support does not apply to VAWA self-petitioners.
Admissibility:
You must be admissible to the United States for permanent residence or eligible for a waiver of inadmissibility. This means you don’t fall under other grounds of inadmissibility such as certain criminal, national security, or fraud grounds or you have obtained waivers for any that do apply. VAWA self-petitioners can apply for waivers of many inadmissibility grounds using Form I-601 or other appropriate waivers. Notably, as mentioned, public charge is not a factor, and being undocumented is not a bar in VAWA cases, but serious criminal convictions or fraud issues would still require waivers or might block the green card if not resolved.
Favorable Discretion:
VAWA-based adjustments are discretionary, so you must merit a favorable exercise of USCIS discretion. This generally means you should comply with the process and not have negative factors outweighing the humanitarian considerations. In most cases, if you meet the statutory requirements including proving the abuse and good moral character, you will be granted discretion favorably.
Immediate Relatives vs. Preference Categories (Visa Availability)
Your ability to file I-485 now or wait turns on visa availability and the abuser’s status.
Immediate relatives (abuser is a U.S. citizen).
If you’re a VAWA self-petitioner based on a U.S. citizen spouse, parent, or adult son/daughter, immigrant visas are always available. You may file your green card application at any time, even while the I-360 is pending, so long as you meet the other adjustment requirements.
Family-preference (abuser is a lawful permanent resident).
If your case is tied to an LPR spouse or parent (F2A) or you are an unmarried son/daughter 21+ of an LPR (F2B), you must watch the Visa Bulletin and file only when a visa number is available. You can still file an I-485 while the VAWA petition is pending, but only if your priority date is current at filing and remains current at decision.
Why does the wait exist?
Family-sponsored preference visas have annual numerical caps (creating lines), while immediate-relative cases do not. For example, the FY 2025 worldwide family-preference limit is 226,000 visas, which explains why the F2A/F2B categories often backlog.
If your qualifying relative is a U.S. citizen, you generally can adjust status now; if it’s an LPR, first confirm visa availability, then file I-485 when current to keep your pending case on track.
How to Apply for a Green Card with a Pending VAWA Petition
When the visa is available for your category, you don’t have to wait for USCIS to approve your VAWA I-360 to move forward. You may file Form I-485 (adjustment of status) while the I-360 is pending. Immediate relatives of U.S. citizens typically have visas immediately available; family-preference cases tied to a lawful permanent resident must track the Visa Bulletin before filing.
What goes in the package?
Think in terms of eligibility proof not “how to fill out”: your I-360 receipt or approval, identity and birth records, any proof of admission (if applicable), and the sealed medical exam (Form I-693) when ready or upon request. USCIS’s I-485 instructions outline the document categories officers expect to see.
Safety matters:
VAWA filings are confidential, and you may use a safe mailing address so notices don’t go to a place that could endanger you. USCIS’s VAWA hub links the core guidance and forms in one place.
Two practical lifelines while the I-485 is pending:
- Work authorization (EAD): You can request employment authorization based on a pending adjustment, helping you regain financial stability during the process.
- Advance Parole (travel): If travel is unavoidable, get Advance Parole first; leaving the U.S. without it generally abandons the I-485.
Derivative children, unmarried, under 21 tied to your VAWA case may file their own I-485s when visas are available for them, preserving the family’s path forward.
Worried about fees?
Many survivors qualify for a fee waiver (Form I-912) based on means-tested benefits, income at or below 150% of the poverty guidelines, or documented hardship. USCIS’ latest report shows fee-waiver approvals reached 88% in FY 2023, the highest rate in a decade, evidence that well-documented requests are often successful.
If your visa is available, filing the I-485 with a pending I-360 can secure work authorization, travel permission (with AP), and a place in line for a decision without exposing personal details to an abuser. Because timing, category, and admissibility issues can be nuanced, coordinating this step with an experienced VAWA immigration attorney keeps you on the safest, fastest path to lawful permanent resident status.
Work Authorization and Advance Parole During Pending AOS
One major benefit of filing for a green card (adjustment of status) is that while your I-485 is pending, you’re eligible for employment authorization and Advance Parole. That means you can stabilize income and plan necessary travel safely and lawfully while your case moves forward. For scale, USCIS completed over 3.4 million Employment Authorization (I-765) applications in FY 2023, underscoring how common and accessible this lifeline is for applicants. Direct link to the exact section (page 13).
Form I-765 (Application for Employment Authorization): You can request a work permit based on a pending I-485 (category (c)(9)). Include proof that the adjustment is pending (receipts). The card typically lasts 1–2 years and can be renewed while the I-485 remains pending, helping survivors maintain financial independence.
Form I-131 (Application for Advance Parole): You can also request Advance Parole to return to the U.S. after temporary travel. Do not depart without an approved AP document; USCIS generally treats travel without AP during a pending I-485 as abandonment of the application. This safeguard prevents accidental setbacks and keeps your case on track.
How to time requests: Many applicants file I-765 and I-131 with the I-485; others file after receiving the I-485 receipt. Your attorney can advise which sequence best fits your facts, especially if interview timing, safety planning, or evidence updates could affect strategy.
Special Situations: Removal Proceedings and Other Concerns
In immigration court? You can still pursue VAWA relief. If your VAWA I-360 is approved and a visa is available, your attorney may ask the Immigration Judge to grant adjustment of status in court or terminate proceedings so you can adjust with USCIS. Judges often continue cases while the I-360 is pending. Strategy depends on your history and timing, so coordinated counsel is essential.
If you have past violations or orders. Prior removal orders, misrepresentation, or certain entries may require discretionary waivers, for example, I-212 permission to reapply or an I-601 waiver. VAWA creates important humanitarian flexibilities, but it does not automatically erase every barrier; case-specific analysis matters.
Public benefits and confidentiality. VAWA self-petitioners are exempt from the public charge ground of inadmissibility, so using safety-net benefits does not trigger that bar. Your case is also protected by 8 U.S.C. § 1367 confidentiality; you can use a safe mailing address, and USCIS will not disclose information to the abuser.
Court backlogs make planning critical. Immigration courts handle a massive workload; at the end of FY 2024, 3,558,995 cases were pending at EOIR. That scale is why timing, continuances, and clean filings matter.
If VAWA self-petition isn’t available or timely, some respondents explore VAWA Cancellation of Removal, a distinct court remedy with its own standards, including physical presence and hardship. Your attorney will weigh whether cancellation or adjustment is the better path given your facts, evidence, and the judge’s calendar.
Removal proceedings do not shut the door on VAWA. They do, however, raise the stakes on sequencing (I-360, visa availability, I-485), protecting confidentiality, and securing any needed waivers, so your plan should be tailored, cautious, and court-aware.
Ready to Secure Your Green Card With Care?
Questions about timing, interviews, or next steps can feel heavy, especially after dealing with an abusive family member. Whether you’re filing now or planning life after approval, the right strategy protects your future. Our goal is to keep you safe, eligible, and confident while we handle the details.
The Chidolue Law Firm will review your eligibility criteria, prepare strong supporting records, coach you for officer questions, and stand beside you if a case reaches immigration court. From tracking the Visa Bulletin to coordinating filings for a lawful permanent resident parent or U.S. citizen relative, our immigration services are built to steady your path without risky DIY steps.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
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Let’s move your case forward with clarity and compassion so you can focus on healing, love, and a secure life in the United States while we protect the legal path ahead.
