05 Sep Naturalization requirements for VAWA LPRs

By Atty. Crispin Caday Lozano

Q. When may VAWA LPR apply for naturalization?.

A. Green card holders who were approved for lawful U.S. residency based upon a showing that they were the subject of abuse and therefore deserved relief under the Violence Against Women Act (“VAWA”) can, in some cases, apply for U.S. citizenship (naturalization) after three years instead of the usual five.

If you filed a VAWA self-petition on Form I-360, or a VAWA-based abuse waiver with Form I-751, or received VAWA-based cancellation of removal, you may take advantage of this three-year rule if you were the abused spouse or child of a U.S. citizen.

If, however, you are married to a lawful permanent resident (LPR), not a citizen, then you must wait the normal five years as a green card holder before applying for naturalization, unless your abusive spouse or parent naturalizes.

Q. What are the requirements for VAWA LPR Spouses of U.S. Citizens?

A. If you are a battered spouse of a U.S. citizen who was granted approval of an I-360 or I-751 or cancellation of removal on that basis, and you have been an LPR for at least three years, you can apply for U.S. citizenship now, without having to show that you are still residing with the citizen spouse.

In addition, it does not matter if you are still married to the citizen or divorced. You can also apply after three years as an LPR if your abusive spouse has died.

In contrast, the non-VAWA spouses of U.S. citizens can also apply for naturalization after three years with a green card, they must prove that their spouse is still alive and they are still married to and living with the U.S. citizen.

Q.What are the requirements for Naturalization for VAWA LPRs Children of U.S. Citizens?

A. If you received your green card as the abused child of a U.S. citizen, you can apply for naturalization after three years as an LPR. You can apply even if the abusive parent is no longer a U.S. citizen or has died.

In addition, when you apply for naturalization under these circumstances, you no longer need to meet the definition of a child, so it’s okay if you are now over 21 and married. However, like all naturalization applicants, you do have to be over 18 years old.

Note:   This is for information purposes only and not a legal advice.

SUCCESS STORIES

1. For the month of August 2018, we received an approval of three Naturalization applications and two adjustment of status applications.
2. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
3. For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
4. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their  marital status but has no criminal records, has long residence and strong family ties in the U.S.
5. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa  for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
6. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
7. For the month ending March 31, 2018, we received approvals for four naturalization applications.
8. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
9. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse.  The I-601 waiver was approved based on extreme hardship.
10. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem    gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  His contact phone is 1-877-456-9266, email: info@ccllaw.net