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I got Prima Facia Determination, last week. Can I file for I 485 based on VAWA? and how long does it takes?

San Jose, CA |

Abuser was USC. My ques is 1) when I file i-485, lets pretend my vawa gets approved, When would I get my Green-Card? Do I have to wait till my visa become available/current? Or I get it right away?
2) How long does it takes to get the vawa approved?
3) in the mean time, am I considered unlawful, My I-130 get denied, because I did not responded to RFE they sent out, But i file vawa in the mean while thou.

Attorney Answers 3


  1. Have you talked to an attorney? There are many non-profit agencies, such as Catholic Charities, Lutheran Family Services, etc. that can help.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. 1. If you got prima Facia determination, you should not be worried about the I-130 at this point.
    2. There are several issues related to your case that need an expert to answer. I agree with my colleague, there are many organizations along with private practices that you can seek assistance from with your case.


  3. The I-360 prima facie determination entitles you to certain benefits so you need to get an excellent consult immediately with competent counsel. Once I-360 is approved file I-485. The adjustment should take between 6-12 months. Since you have the prima facie determination the I-130 is not needed at this point. But get help now in a private consultation ASAP. Good luck!

    No attorney-client relationship is created or implied by this communication.

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