If you filed a VAWA self-petition (Form I-360), you may be wondering whether you need to wait for its approval before applying for a Green Card. The short answer is: not always. USCIS allows VAWA self-petitioners to file Form I-485 (Application to Register Permanent Residence or Adjust Status) while the I-360 is still pending, as long as a visa is available and other eligibility requirements are met. However, if you are in removal proceedings, you must wait  until your case is resolved before filing for adjustment of status as USCIS does will not have jurisdiction to adjudicate your application until removal proceedings are terminated.

For those who are eligible, you can file I-485 at the same time as Form I-360 (concurrently), while the I-360 is pending, or after the I-360 is approved. For immediate relatives of U.S. citizens, such as a spouse, unmarried child under 21, or parent, there is generally no visa-number wait, so filing early is often possible. For those in family-preference categories, the availability of a visa under the Visa Bulletin may affect when you can file your adjustment of status applications.

You do not always have to wait for your VAWA approval to apply for a Green Card, but the best timing depends on your situation, visa category, and eligibility. For guidance on filing your VAWA petition and Green Card application, contact us at 703-348-1663 to schedule a free case evaluation. Our experienced team can help you navigate the process and determine the right strategy for your case.

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