Why Are VAWA Cases Taking So Long?

Right now, the average VAWA case is taking approximately four years just to get the initial decision. And here is what makes it worse. Back in 2023, this same case was taking just two and a half years, and just a matter of a few years. The wait time has now doubled and it is still climbing. My name is Moumita Rahman and I’ve been an immigration attorney for over 16 years, and my office files VAWA cases every single day. So I see in real time when cases are getting stuck and why.

In this video, I’m going to show you the real reasons why VAWA cases are getting stuck, which delays are happening to almost everyone, no matter how strong your cases and why, even with a long wait time, filing today is still the smartest move that you can make!

Delay #1: The Bottleneck

Okay, the number one reason of why VAWA cases are moving so slow is because there are just so many of them, and there are not enough immigration officers to decide them. Let me explain what I mean. Every single VAWA case usually goes to one single location in this country. It’s a special unit inside USCIS that primarily handles humanitarian cases. And your I-360 petition gets sent there no matter where you live.

So right away, almost every single VAWA case in the U.S. is stacking up in one location. This would be fine if this line was moving quickly, but is not. Because a VAWA case is not just something any old immigration officer can decide. It takes special training.

So out of everyone at USCIS, only a small group of officers are specifically trained to process these cases. We’re talking about just 2 to 3 dozen officers for the entire country! And this small group of officers is getting new VAWA petitions almost every single day. As a result, there are now over 200,000 VAWA cases that are sitting and waiting for a decision. And this number is likely to grow. Which leads me to the next real reason why VAWA case times are growing.

Delay #2: Too Many Cases

Over the past several years, the amount of people filing for VAWA has exploded. Between 2020 and 2024, the number of VAWA petitions filed grew by 360% in just four years. The number of people filing nearly quadrupled. Meanwhile, the number of officers deciding these cases did not keep up and they barely changed. Which is why the line just keeps fueling longer and longer. To make matters worse, USCIS is claiming that a big chunk of this surge are actually cases that don’t even qualify us as believes that a large chunk may be fraud.

Now, here’s where that affects you. Even if your case is rock solid. Once USCIS got worried about fraud, they started to review cases even more carefully. Things that officer may have accepted easily a couple of years ago is now being scrutinized to a higher degree.

Evidence that may have been enough before, now they’re asking for even more corroboration. And if this heavier level of review falls upon that pending 200,000 cases, not just the ones that they’re suspicious of, that means that even with a clean, well documented case, you are likely to wait longer for a result.

Delay #3: More Hoops to Jump Through

Now, here is what most people don’t realize. Some of this delay is being created on purpose by the government themselves. Under this administration, humanitarian cases like VAWA are not just not a priority, but they’re kind of disfavored. These cases protect survivors, and they’re not the type of immigration that this government is inclined to approve for people. And this is definitely not the type of case the government wants to move along quickly.

Instead, the government is trying to do whatever it can to make you more discouraged from filing and to keep you from putting your place in line. They keep adding new steps that makes the process more difficult.

For example, they are now checking applicants social media, going back years and comparing what you posted online to what is on your paperwork. They are re-running fingerprints for almost every single piece of application that you’re filing, even if you have been cleared with your fingerprints in the past and they are cross-checking your application against more governmental records than they used to, trying to find anything that does not line up.

None of these steps existed for people years ago, but now they’re being added to cases across the board, slowing down cases that were even ready for a decision! And they are adding time to even the most simple of things.

For example, the receipt notice that you receive when USCIS gets her case that confirms that they received your case, used to take 1 to 2 weeks, and now it can take up to six months in some cases. So you might even wait up to half a year to find out whether or not your paperwork has safely arrived with immigration.

Delay #4: The RFE Explosion

There is one more step that is hurting people and adding more time than expected. USCIS is sending out way more RFEs. An RFE is a letter from USCIS asking for more proof so that they could make a decision on your case. And a few years ago, I would expect these RFEs on cases that were weak.

But now we are seeing them even on some of our strongest cases! And that is because when an officer is told to scrutinize your case, they’re not really looking for reasons to approve you. They’re looking for any little reason they can to actually deny your case. They start looking for anything that is missing or that does not add up. And the moment they find a gap or an inconsistency, they send an RFE.

This alone can set your case back by six months at least. And a lot of these RFEs are flat out wrong, and sometimes they don’t even tell you exactly what is inconsistent or missing in your case. I would say that eight out of every ten RFEs received at least by my office are for things that are without merit.

Sometimes they ask for documents that may not even be required, and they miss apply the burden of proof that is set by Congress. A lot of the newer officers simply don’t know VAWA at all. So my team spend a lot of time in this RFEs trying to teach the actual law to the officers. And this takes time and it costs money, and it sets back cases that should have been approved already!

So if you get an RFE, don’t freak out. A lot of the times it just means that the officer is inexperienced or made a mistake or is just under the impression that they really should deny you.

Why You Should Still Apply!

So after hearing all of this, you might be thinking why should you even bother applying? I definitely understand that, but you have to remember that this is one of the government’s aims, and they want you to give up and go back home. And this is why I tell people to file anyway. Waiting does not make any of this easier. The line only gets longer, so the longer you wait to file, the longer you’ll end up in the long run for a decision.

Filing today actually locks in your place and it preserves your eligibility. And here is something that a lot of people don’t think about: These cases take around four years, so by the time your case gets the point decision in the line, a lot of the rules that are being applied right now that are making cases more difficult to get a decision on might be gone! So if you wait to feel safer before you file, all you’re really doing is adding years of stress to your life and not putting yourself any closer to the goal.

There is also a real protection in having a case on file. If you don’t apply, then you’ll remain completely undocumented and not have kind of a leg to stand on. Then you’ll have nothing on paper to protect you. But with the pending VAWA case, you do have something to stand on.

There is even a recent court injunction that says that persons with a pending VAWA case, cannot be detained! We have been able to get released several clients from detention based upon this injunction alone, and they would still be in detention, possibly still fighting deportation if it were not for the fact that they had a pending VAWA application. Although a pending VAWA case does not guarantee that you will win your deportation case, it at least provides a measure of safety against remaining detained. And it gives another reason for ICE to leave you alone while your case is in process.

It is also a reason for a judge to stop and consider whether or not they should administratively close your deportation case and even dismiss it! And yes, we have gotten several removal cases for our clients, both terminated as well as administratively closed this year because of pending VAWA cases. While it is not a guarantee that you can obtain that outcome, it is just one more tool that you will have in your toolbelt for protection.

And I want to be clear out there, there’s a lot of fear that a VAWA is going to disappear. Rest assured that it is not going anywhere. That is a law that is promulgated and passed by Congress, and it is widely supported on both sides of the aisle by both Democrats and Republicans. No president can erase this all on his own, and USCIS is still accepting and still processing these cases, albeit with additional steps of difficulty thrown in for applicants.

However, the point of them doing that is to make this scary and make you give up. So don’t hand them that victory. You deserve this after everything that you have been through, this too will eventually pass. You deserve to live in dignity and you deserve to stop living in fear.

Get help with your citizenship case

My name is Moumita Rahman and I have been a practicing immigration lawyer for the past 16 years, my office has successfully filed many VAWa applications across the country, and we know exactly what USCIS was looking for. If you would like my help on your VAWA case, give us a call at (212) 248-7907.

In my other video, The Real VAWA Timeline in 2026, I lay out every step from filing the I-360, to getting your green card, to becoming a citizen. I also explained why getting your VAWA approved does not mean that you’re done, and what surprising hurdle still stands between you and your green card. I’ll include a link to that here. Click the link to watch it next and I’ll see you there!

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Every immigration case is different. Speak with an experienced immigration attorney before making decisions about your case.