What comes after prima facie?
Asked by: Kyra Bernhard | Last update: January 29, 2026Score: 4.1/5 (60 votes)
After a prima facie determination (a "first look" that your case meets basic requirements, especially in VAWA cases), your application moves to a full review, potentially involving Requests for Evidence (RFEs) for more details, leading to an Employment Authorization Document (EAD) or work permit, and eventually a final decision on the underlying petition, with the process often taking significant time and requiring ongoing evidence gathering.
What happens after prima facie?
After receiving your prima facie determination, USCIS continues evaluating your full petition. This involves verifying your documents, reviewing testimony, and sometimes issuing a Request for Evidence (RFE) for additional proof.
What are the stages of the immigration process?
The U.S. immigration process generally involves three main stages: Petition, where a sponsor files a form (like I-130/I-140) for a relative or worker; National Visa Center (NVC) Processing, where fees, documents, and the online DS-260 application are submitted after petition approval; and the Interview, where the applicant attends a final interview at a U.S. embassy or consulate, leading to visa issuance or denial. For those already in the U.S., the process might involve Adjustment of Status (Form I-485) after the petition, leading to a Green Card.
How long does it take to get a work permit after prima facie determination?
As for the timeline, after prima facie is granted, it typically takes 12 to 24 months for USCIS to make a final decision on the Form I-360 or VAWA petition. However, this can vary depending on case complexity, USCIS workload, and whether additional evidence is requested.
What is the next step after the USCIS case was approved?
After USCIS approval, your case typically moves to the National Visa Center (NVC) for consular processing (overseas interview) or, if eligible, you can adjust status in the U.S.; both paths involve paying fees, submitting documents (DS-260, Affidavit of Support), attending a medical exam, and a final interview, leading to a visa/Green Card if approved.
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How many days does USCIS have to make a decision?
USCIS has 120 days from the date of the initial naturalization interview to issue a decision. If the decision is not issued within 120 days of the interview, an applicant may request judicial review of his or her application in district court.
How do you know when USCIS is checking your case?
You know USCIS is reviewing your case primarily through their Case Status Online tool using your receipt number, which updates to show statuses like "Actively Reviewed" when an officer accesses your file, or by receiving physical/electronic notices (like RFEs, interview notices, or final decisions). Creating a USCIS online account also provides electronic notifications, and you can check processing times and submit inquiries if your case is outside normal ranges.
What next after VAWA is approved?
After receiving your VAWA petition approval, your next step is to apply for lawful permanent resident status. This happens through one of two routes: adjustment of status (if you're already in the U.S.) or consular processing (if you're outside the country).
What benefits can I get with a prima facie?
Access to Certain Public Benefits: For VAWA self-petitioners, receiving a prima facie determination can make you eligible for specific public benefits, such as Medicaid, food stamps, and housing assistance. This can provide crucial support during a difficult time.
How long does prima facie take?
Prima Facie Determination: If USCIS finds sufficient preliminary evidence—meaning “on its face”—you will receive a “Prima Facie Case” notice (also known as a prima facie determination notice), usually 3 to 9 months after filing.
What are the 5 phases of immigration?
Culture shock usually is comprised of 5 phases: (1) honeymoon phase, (2) rejection phase, (3) adjustment/adaptation phase, (4) integration/biculturalism phase and (5) reverse culture shock (that occurs after you return back to your home country at the end of your program here).
Is USCIS processing faster in 2025?
In 2025, USCIS processing times are mixed, with some forms like Naturalization (N-400) seeing faster processing, while others, particularly Adjustment of Status (I-485) for green cards, are experiencing significant backlogs and longer waits, though receipt notices for new forms are faster, and premium processing remains an option for some employment-based cases. Overall, it's a dynamic period with improvements in some areas but continued challenges, especially for complex family-based and adjustment cases.
What is the last step in the immigration process?
The final step is the foreign national's application for an immigrant visa at a U.S. embassy or consulate abroad or an application to adjust status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition.
Is prima facie evidence enough to win a case?
Successfully presenting a prima facie case does not mean that a party wins. The opposing party then has the opportunity to offer evidence that contradicts (rebuts) the other party's prima facie case. The party with the burden of proof then has the opportunity to attack the rebuttal evidence.
How fast is VAWA approved?
VAWA processing times (Form I-360) are lengthy, averaging 2 to 3 years (24-36 months) for the initial approval, with some sources citing up to 31 months for abused spouses and around 23.5 months for abused parents, though it can vary significantly by case, workload, and category, with the total journey to a green card often taking 3 to 5 years. Delays are common due to evidence requests, high application volumes, background checks, and staffing issues, with some estimates suggesting 80% of cases may take over 41 months.
Can prima facie stop deportation?
Ongoing Evaluation of Your Application: While prima facie determination offers temporary protection from deportation, it's essential to keep meeting all requirements and fully cooperate with USCIS throughout the process.
Can a prima facie case be dismissed?
If the judge finds sufficient evidence at a pre-trial hearing, it's called a prima facie case. The court will likely dismiss the case if the plaintiff lacks sufficient evidence supporting its claim. If a prima facie case exists, the defendant must present evidence at trial to counter it.
How long does prima facie last?
How long is Prima Facie and when does it finish? Prima Facie is scheduled to be approximately 1 hour and 40 minutes long, and should finish at 9:10PM for evening performance, and 4:10PM for matinees.
Can you travel with prima facie?
You have a premier fasci determination which basically the government is saying hey at surface level we've looked at your case and you have a good claim. You got your Social Security and your work permit. Yes you can travel.
Does VAWA approval guarantee a green card?
No, VAWA approval (Form I-360) does not automatically guarantee a Green Card; it grants you eligibility and classification to apply for one by filing Form I-485 (Adjustment of Status) in the U.S., but you must still prove inadmissibility grounds and meet all other requirements to get the actual Green Card, a separate step from the initial self-petition approval.
Does VAWA provide financial assistance?
VAWA does not directly provide financial assistance, but it supports programs and services that may offer financial assistance, such as shelters, legal aid, and counseling services.
Is VAWA still in effect in 2025?
Yes, the Violence Against Women Act (VAWA) is still in effect in 2025, but its immigration provisions (VAWA self-petitions) are experiencing stricter scrutiny and more rigorous evidence requirements from USCIS due to increased filings, leading to longer processing times and potentially more denials for those with incomplete documentation. While the law itself hasn't changed, expect increased documentation demands and longer waits for benefits like work permits and green cards in 2025.
Can USCIS check your messages?
Although USCIS stresses that only public identifiers will be collected and private messages will not be accessed, the agency has not provided clear guidance on how officers will interpret online activity.
Can I-130 be approved in 3 months?
It's highly unlikely an I-130 petition gets approved in just 3 months, as current typical processing times for immediate relatives (spouse, parent, unmarried child under 21) of U.S. citizens average around 14-18 months, and even longer for other family preference categories, though some very fast or concurrent filings (I-130 & I-485) can be quicker. While some lucky cases or specific circumstances might see approvals in a few months (like under 4 months), it's very rare, with most seeing waits of a year or more.
At what time does USCIS update the case status?
The USCIS online case status is typically updated once every 24 hours, usually between 3:00 a.m. and 7:00 a.m. Eastern Time.