Daniel Joseph
Apr 25, 2026
Question About Violence Against Women Act Petition and Derivative Children Approval
If a woman recently filed her VAWA petition and included her unmarried children under the age of 21, who are currently living in Nigeria from her previous marriage in Nigeria, from which she is now divorced, would including them affect how long it takes for her VAWA case to be approved? Approximately how many years should she expect to wait for a decision? Also, if her VAWA petition is approved, will her children’s cases be automatically approved as derivative beneficiaries, even though they are outside the United States?
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Yana YanaApr 25, 2026
@Daniel Joseph 5+ years just for decision, including children will not affect now long it takes.
k dApr 26, 2026
what I believe happens is after your case is approved and you get your green card your children will be eligible for green card and I also believe they will not “age out” because VAWA that’s so long but once they listed on your initial application they should be fine.
chino mcApr 26, 2026
if kids are her kids she need to add application when she fills it. God knows they will approve kids after 4 years if they become over 21 but just in case you should add them. You should ask lawyer if they become 21 during the time. process took 4 years now unfortunately
Manifest LawApr 28, 2026
Including unmarried children under 21 as derivatives should not by itself significantly delay the VAWA case. The I-360 will be decided based on the principal VAWA self-petitioner’s eligibility. If the VAWA is approved, the children are not automatically green card holders; they may be able to process as derivatives, usually through consular processing abroad, assuming they remain eligible. VAWA derivatives can include unmarried children under 21, but age/CSPA issues should be reviewed carefully. VAWA decisions can take years, so plan for a long timeline.
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