Citizenship interview - Domestic Violence

[believeinmiracles 1]

It would be helpful if you would gives a lit bit more of info, just by what you stated you are not eligible for naturalization under the 3 years rule. You have to be married and living with you husband to be eligible!

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

See more info -> http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

With DV , it is different! I went to see the immigration officer and i still qualify regardless. my question was about documentation, what i should bring to the interview other than the normal tax etc..

but to answer your question:

5 years married,

5 years living with spouse

still married, filing criminal divorce

[lmatos1978 14]

With DV , it is different! I went to see the immigration officer and i still qualify regardless. my question was about documentation, what i should bring to the interview other than the normal tax etc..

but to answer your question:

5 years married,

5 years living with spouse

still married, filing criminal divorce

Gotcha, here's the checklist http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

And of course all documentation about the DV

Edited April 24, 2015 by lmatos1978

[Sandra G. 5,016]

DV case is different just if the alien had the AOS approved through VAWA,or through I-751 waiver based in extreme cruelty.

[Villanelle 4,121]

No need to go VAWA, married when entered so even if she had the 2 year card would just have removed conditions.

There was some posts deleted on this thread, so I may have missed some relevant stuff- but from what I read and whats still left posted- It only states "married 5 years, living in US for 4 years". Did not mention anything about how she entered. Yes of course she was married but does not mean one should assume she entered on a marriage visa, she could have entered on a tourist visa or I dont know- lots of crazy stories on here.

Ive learned never to just assume things- hence the wrong advice may be given. IMO its better to ask for clarification like what visa/how you adjusted/etc to make sure theres no little detail the poster did not mention because often those little details can drastically change eligibility.

-------

Anyway-

Believeinmiracles: YES there are certain rules for domestic violence and citizenship. However please read the information on the USCIS pages on the previous thread page.

Also please note the information provided above by Sandra (an immigration attny who specializes in Domestic Violence)- You can apply at the 3 year mark with the special circumstances of DV if you have a previously approved DV file with USCIS -meaning an approved 360/485 (the initial greencard) or if you removed conditions on your greencard based on DV/abuse.

People that either one of those two things above (the initial card or ROC) had filled out either special forms or checked of certain boxes on existing forms causing their petitions to be adjudicated by a special division of USCIS. One that is trained to assess and make a determination of eligibility. In simple in English- they submitted proof of the abuse to the special adjudicator who then took on average several months to review it. The standard of proof needed to satisfy the adjudicator is quite high. Not to say that you dont have enough proof- just that you are not in a position to send it to them. You are not applying for a greencard nor to remove conditions. Those are the only applicants they review so USCIS is not going to review you and give you a determination of eligibility at this point and label you a victim of DV.

Since you have stated you went through standard application process I am inclined to believe you obtained a greencard upon your arrival to the US and then filed to remove conditions jointly with your spouse. If this is the case then you do not qualify yet.

However if you removed conditions on your own, due to the abuse- you would have checked off the 'abuse box' on the removal of conditions form, and sent in proof of the abuse and signed the form alone with out your spouse (this is something you should remember doing, its a big deal) then you will qualify now)

If you are able to, please let us know how it goes and what the officers there tell you at your interview.

(also just a general FYI but I imagine you are seeking naturalization because there will be a great many more benefits available to you and you are in a time of need. If you do have another year wait you can look into potentially relocating to another state as some states to offer state funded benefits to legal residents)

Best of luck to you.

[Boiler 43,437]

There was some posts deleted on this thread, so I may have missed some relevant stuff- but from what I read and whats still left posted- It only states "married 5 years, living in US for 4 years". Did not mention anything about how she entered. Yes of course she was married but does not mean one should assume she entered on a marriage visa, she could have entered on a tourist visa or I dont know- lots of crazy stories on here.

Ive learned never to just assume things- hence the wrong advice may be given. IMO its better to ask for clarification like what visa/how you adjusted/etc to make sure theres no little detail the poster did not mention because often those little details can drastically change eligibility.

-------

Anyway-

Believeinmiracles: YES there are certain rules for domestic violence and citizenship. However please read the information on the USCIS pages on the previous thread page.

Also please note the information provided above by Sandra (an immigration attny who specializes in Domestic Violence)- You can apply at the 3 year mark with the special circumstances of DV if you have a previously approved DV file with USCIS -meaning an approved 360/485 (the initial greencard) or if you removed conditions on your greencard based on DV/abuse.

People that either one of those two things above (the initial card or ROC) had filled out either special forms or checked of certain boxes on existing forms causing their petitions to be adjudicated by a special division of USCIS. One that is trained to assess and make a determination of eligibility. In simple in English- they submitted proof of the abuse to the special adjudicator who then took on average several months to review it. The standard of proof needed to satisfy the adjudicator is quite high. Not to say that you dont have enough proof- just that you are not in a position to send it to them. You are not applying for a greencard nor to remove conditions. Those are the only applicants they review so USCIS is not going to review you and give you a determination of eligibility at this point and label you a victim of DV.

Since you have stated you went through standard application process I am inclined to believe you obtained a greencard upon your arrival to the US and then filed to remove conditions jointly with your spouse. If this is the case then you do not qualify yet.

However if you removed conditions on your own, due to the abuse- you would have checked off the 'abuse box' on the removal of conditions form, and sent in proof of the abuse and signed the form alone with out your spouse (this is something you should remember doing, its a big deal) then you will qualify now)

If you are able to, please let us know how it goes and what the officers there tell you at your interview.

(also just a general FYI but I imagine you are seeking naturalization because there will be a great many more benefits available to you and you are in a time of need. If you do have another year wait you can look into potentially relocating to another state as some states to offer state funded benefits to legal residents)

Best of luck to you.

There has never been mention of VAWA, I know what was in the deleted posts.

I think she went straight to a 10 year GC, but not certain.

There are two children and she is in a Hostel. Naturalising is not cheap, I presume she has been advised it would be worth her while.

Perhaps those advising were confused about the 3 year requirements.

[TBoneTX 43,058]

Two noncontributory posts and an assaultive post have been removed. Post constructively or don't post.

VJ Moderation

[believeinmiracles 1]

Two noncontributory posts and an assaultive post have been removed. Post constructively or don't post.

VJ Moderation

Thank you! I am extremely disappointed in the lack of respect of some people, but i am grateful for moderators actually going through posts and moderating them.