N400 After 3 years of VAWA

[yulisa 9]

I want to start filing for my citizenship and am not really sure if am eligible. I divorce my ex-husband last year. Am I still eligible or i have to wait for 5years. And if anybody has gone through this, can they tell me step by step the documents they added to file. i had my green card in 2011. do i need to add my child birth certificate when filing.she is already a citizen. do i also need to add my taxes? Any help will be appreciated. thanks

[JimmyHou 611]

I want to start filing for my citizenship and am not really sure if am eligible. I divorce my ex-husband last year. Am I still eligible or i have to wait for 5years. And if anybody has gone through this, can they tell me step by step the documents they added to file. i had my green card in 2011. do i need to add my child birth certificate when filing.she is already a citizen. do i also need to add my taxes? Any help will be appreciated. thanks

If you're not currently married to and in a legitimate relationship with a US citizen then you cannot apply under the 3-year rule. You have to wait until you've been a permanent resident for five years and make sure you meet all the other requirements. Everything you need to send in is in the instructions; under the five-year rule you do not need to send in a copy of your taxes, but it's a good idea to have copies of the interview. You will need to list your children on the application and you will need your divorce documents. Send in copies not originals and have the originals with you with the interview. If you meet all the other requirements, you should be able to apply sometime in 2016.

[yulisa 9]

Thanks Jimmy for replying to my message above. I was also thinking about the same five years rule but this rule that talks about vawa after 3 years confuses me. which i don't know if i qualify for it or not?

http://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

POLICY MEMO #89 MEMORANDUM FOR REGIONAL DIRECTORS DISTRICT DIRECTORS OFFICERS-IN-CHARGE SERVICE CENTER DIRECTORS FROM: William R. Yates /s/ Deputy Executive Associate Commissioner Office of Field Operations Immigration Services Division SUBJECT: Instructions Regarding the Expanded Meaning of Section 319(a) Public Law 106-386 amended section 319(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1430(a)) by extending the benefit of this section of law to persons who obtained status as a lawful permanent resident by reason of being a spouse or child who was subjected to battering or extreme cruelty by a United States citizen. This Memorandum is issued in order to provide guidance in the adjudication of applications filed pursuant to the expanded language. Section 319(a) of the INA now reads: Sec. 319. [8 U.S.C. 1430] (a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty (added text), may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital Memorandum for Regional Directors Page 2 District Directors Officers-in-Charge Service Center Directors Subject: Instructions Regarding the Expanded Meaning of Section 319(a) union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent) (added text), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. I. Qualified Applicants In order to be eligible for Section 319(a) benefits as a battered spouse or as a battered child, the applicant must have obtained lawful permanent residence status based on either an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant in a case in which an abusive spouse or parent was a U.S. citizen or through cancellation of removal and adjustment of status pursuant to INA 240A(b)(2)(A)(i)(I). If the applicant obtained lawful permanent resident status based on an approved Form I-360 as the self-petitioning battered or abused spouse or child of a U.S. citizen or pursuant to INA 240A(b)(2)(A)(i)(I), the special requirements of demonstrating eligibility as a battered spouse or child pursuant to Section 319(a) shall be considered as having been met. Any applicant who claims eligibility for benefits under Section 319(a) of the INA as a battered spouse or child must comply with all of the requirements of 8 C.F.R. § 319.1(a), except clause (3). II. Benefits Available The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not change the usual requirements for section 319(a) applicants who acquired lawful permanent resident status on any basis and are currently married to U. S. citizens. Any applicant who would have been eligible to file an application under section 319(a) of the INA before it was amended is still eligible to file under the amended law. A qualifying spouse must meet all of the general requirements for naturalization except that the five years after lawful admission for permanent residence requirement is reduced to three years after lawful admission for permanent residence. Any person who obtained status as a lawful permanent resident by reason of the approval of an I-360 based on being a spouse of a United States citizen who battered the applicant or subjected the applicant to extreme cruelty or pursuant to INA 240A(b)(2)(A)(i)(I) is excused the requirement of residing together with the citizen spouse. The ongoing validity or the termination of the marriage to the U.S. citizen will not be determinative of eligibility under Section 319(a) of a battered spouse or child. Once the applicant has established that he or she was properly granted status as a lawful permanent resident based on an approved I-360 or pursuant to INA 240A(b)(2)(A)(i)(I), length or continuity of cohabitation with the United States citizen spouse is not an issue in determining the applicant’s eligibility for naturalization. Also it is not required Memorandum for Regional Directors Page 3 District Directors Officers-in-Charge Service Center Directors Subject: Instructions Regarding the Expanded Meaning of Section 319(a) that the United States citizen spouse still be alive or be a United States citizen at the time the applicant who obtained status as a lawful permanent resident by reason of an approved I-360 or pursuant to INA 240A(b)(2)(A)(i)(I) files an application for naturalization. An application also can be filed under section 319(a) as amended by an applicant who obtained lawful permanent resident status through the approval of a Form I-360 or cancellation of removal and adjustment of status pursuant to INA 240A(b)(2)(A)(i)(I) as a child of a U.S. citizen who battered the child or subjected the child to extreme cruelty. It is not required that the U.S. citizen parent still be alive or be a U.S. citizen at the time the applicant files an application for naturalization (Form N-400). Also, at the time of lawful admission for permanent residence, whether through immigration or adjustment of status, the applicant would have to have met the requirements of being a child of a U.S. citizen parent pursuant to section 101(b)(1) of the INA. The applicant therefore is not required to meet the definition of child pursuant to sections 101(b)(1) or ©(1) at the time of filing the N-400. All applicants under section 319(a) as amended are excused from the usual requirement of residing in the United States for five years after being lawfully admitted for permanent residence and are eligible to file an N-400 once they are within three months of completing the three years of continuous residence after being lawfully admitted for permanent residence required by section 319(a) of the INA. The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not waive the requirement of section 334(b) of the INA that no person shall file a valid application for naturalization unless he shall have attained the age of eighteen years.

[JimmyHou 611]

Thanks Jimmy for replying to my message above. I was also thinking about the same five years rule but this rule that talks about vawa after 3 years confuses me. which i don't know if i qualify for it or not?

http://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

POLICY MEMO #89 MEMORANDUM FOR REGIONAL DIRECTORS DISTRICT DIRECTORS OFFICERS-IN-CHARGE SERVICE CENTER DIRECTORS FROM: William R. Yates /s/ Deputy Executive Associate Commissioner Office of Field Operations Immigration Services Division SUBJECT: Instructions Regarding the Expanded Meaning of Section 319(a) Public Law 106-386 amended section 319(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1430(a)) by extending the benefit of this section of law to persons who obtained status as a lawful permanent resident by reason of being a spouse or child who was subjected to battering or extreme cruelty by a United States citizen. This Memorandum is issued in order to provide guidance in the adjudication of applications filed pursuant to the expanded language. Section 319(a) of the INA now reads: Sec. 319. [8 U.S.C. 1430] (a) Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty (added text), may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital Memorandum for Regional Directors Page 2 District Directors Officers-in-Charge Service Center Directors Subject: Instructions Regarding the Expanded Meaning of Section 319(a) union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent) (added text), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. I. Qualified Applicants In order to be eligible for Section 319(a) benefits as a battered spouse or as a battered child, the applicant must have obtained lawful permanent residence status based on either an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant in a case in which an abusive spouse or parent was a U.S. citizen or through cancellation of removal and adjustment of status pursuant to INA 240A(b)(2)(A)(i)(I). If the applicant obtained lawful permanent resident status based on an approved Form I-360 as the self-petitioning battered or abused spouse or child of a U.S. citizen or pursuant to INA 240A(b)(2)(A)(i)(I), the special requirements of demonstrating eligibility as a battered spouse or child pursuant to Section 319(a) shall be considered as having been met. Any applicant who claims eligibility for benefits under Section 319(a) of the INA as a battered spouse or child must comply with all of the requirements of 8 C.F.R. § 319.1(a), except clause (3). II. Benefits Available The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not change the usual requirements for section 319(a) applicants who acquired lawful permanent resident status on any basis and are currently married to U. S. citizens. Any applicant who would have been eligible to file an application under section 319(a) of the INA before it was amended is still eligible to file under the amended law. A qualifying spouse must meet all of the general requirements for naturalization except that the five years after lawful admission for permanent residence requirement is reduced to three years after lawful admission for permanent residence. Any person who obtained status as a lawful permanent resident by reason of the approval of an I-360 based on being a spouse of a United States citizen who battered the applicant or subjected the applicant to extreme cruelty or pursuant to INA 240A(b)(2)(A)(i)(I) is excused the requirement of residing together with the citizen spouse. The ongoing validity or the termination of the marriage to the U.S. citizen will not be determinative of eligibility under Section 319(a) of a battered spouse or child. Once the applicant has established that he or she was properly granted status as a lawful permanent resident based on an approved I-360 or pursuant to INA 240A(b)(2)(A)(i)(I), length or continuity of cohabitation with the United States citizen spouse is not an issue in determining the applicants eligibility for naturalization. Also it is not required Memorandum for Regional Directors Page 3 District Directors Officers-in-Charge Service Center Directors Subject: Instructions Regarding the Expanded Meaning of Section 319(a) that the United States citizen spouse still be alive or be a United States citizen at the time the applicant who obtained status as a lawful permanent resident by reason of an approved I-360 or pursuant to INA 240A(b)(2)(A)(i)(I) files an application for naturalization. An application also can be filed under section 319(a) as amended by an applicant who obtained lawful permanent resident status through the approval of a Form I-360 or cancellation of removal and adjustment of status pursuant to INA 240A(b)(2)(A)(i)(I) as a child of a U.S. citizen who battered the child or subjected the child to extreme cruelty. It is not required that the U.S. citizen parent still be alive or be a U.S. citizen at the time the applicant files an application for naturalization (Form N-400). Also, at the time of lawful admission for permanent residence, whether through immigration or adjustment of status, the applicant would have to have met the requirements of being a child of a U.S. citizen parent pursuant to section 101(b)(1) of the INA. The applicant therefore is not required to meet the definition of child pursuant to sections 101(b)(1) or ©(1) at the time of filing the N-400. All applicants under section 319(a) as amended are excused from the usual requirement of residing in the United States for five years after being lawfully admitted for permanent residence and are eligible to file an N-400 once they are within three months of completing the three years of continuous residence after being lawfully admitted for permanent residence required by section 319(a) of the INA. The amendments made to section 319(a) of the INA by Pub. L. 106-386 do not waive the requirement of section 334(b) of the INA that no person shall file a valid application for naturalization unless he shall have attained the age of eighteen years.

Sorry, this is beyond me. Maybe someone else can help.

[JimmyHou 611]

I want to start filing for my citizenship and am not really sure if am eligible. I divorce my ex-husband last year. Am I still eligible or i have to wait for 5years. And if anybody has gone through this, can they tell me step by step the documents they added to file. i had my green card in 2011. do i need to add my child birth certificate when filing.she is already a citizen. do i also need to add my taxes? Any help will be appreciated. thanks

Maybe you can apply after 3 years? Not sure... I find this confusing. It looks like the difference lies in how you filed your I-360. Here's advice from a non-USCIS website:

http://www.nolo.com/legal-encyclopedia/when-vawa-green-card-holders-can-apply-us-citizenship-naturalization.html

Green card holders who were approved based on an I-360 VAWA self-petition can, in some cases, apply for U.S. citizenship (naturalization) after three years instead of the usual five.

If you are a VAWA self-petitioner, you may take advantage of this three-year rule if you were the abused spouse or child of a U.S. citizen and meet the additional criteria described below.

If, however, you submitted an I-360 self-petition based on your relationship to an LPR, then you must wait the normal five years as a green card holder before applying for naturalization, unless your abusive spouse or parent naturalizes.

Naturalization Eligibility for VAWA Self-Petitioning Spouses of U.S. Citizens

If you are a battered spouse of a U.S. citizen who was granted an I-360 on that basis and you have been an LPR for 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.

These are important benefits, because while 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.

Edited March 31, 2015 by JimmyHou

[yulisa 9]

Yeah it really confusing. I was just on the phone with uscis representative and it seems they don't know about the 3 years rule am talking about.

Now am stuck.

Edited March 31, 2015 by yulisa

[JimmyHou 611]

Yeah it really confusing. I was just on the phone with uscis representative and it seems they don't know about the 3 years rule am talking about.

Now am stuck.

If you're not in a hurry; meaning if you're not about to apply for a government job or one that requires security clearance, if you're not in a hurry to sponsor a parent, etc. then just apply next year and save yourself the hassle of a confusing process. If you want to apply now, then do some more research.

[yulisa 9]

Yes it because of my mom. that why i want to apply for this citizenship and i also been planning to enter into a government job. but now everything is difficult if you are not US citizen.hmm they more i read the more i get confused. but i will still do research. maybe my case here will help someone in the future. I will keep on searching. or i should just apply and i will attach the article to it so if they read it they can understand it more. if its too early they will send my forms back. i dont know if i should go through all that.

[Darnell 8,478]

Seems if vawa was utilized, green card issued, i-360 filed,

then you qualify because of that 3 year rule.

find free lawyer clinic for april, get on its calendar, go in person, ask opinion face to face.

[yulisa 9]

Okay I will do that. but am still going to try to file for it. someone who knows the law will send my forms back if its not time yet. i will still be updating this page through the process. so no one has to go through this in the future. Thanks jimmyhou and Darnell

[yulisa 9]

just found this online Naturalization Eligibility for VAWA Self-Petitioning Spouses of U.S. Citizens

If you are a battered spouse of a U.S. citizen who was granted an I-360 on that basis and you have been an LPR for 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.

These are important benefits, because while 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

[JimmyHou 611]

just found this online

Naturalization Eligibility for VAWA Self-Petitioning Spouses of U.S. Citizens

If you are a battered spouse of a U.S. citizen who was granted an I-360 on that basis and you have been an LPR for 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.

These are important benefits, because while 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

I posted that same passage 6 posts up.

Note that it all depends on whether you filed your I360 based on marriage to an LPR (you have to wait 5 years) or a USC (you have to wait 3 years). If you filed based on an LPR who then became a USC, you can file after 3 years.

[yulisa 9]

I posted that same passage 6 posts up.

Note that it all depends on whether you filed your I360 based on marriage to an LPR (you have to wait 5 years) or a USC (you have to wait 3 years). If you filed based on an LPR who then became a USC, you can file after 3 years.

yes my ex-husband is a us citizen.

[yulisa 9]

Am going to mail in my paper work in today can any body please check my cover letter if i missed anything. thank you

RE: N400 Application for Naturalization for:

NAME, A#

Dear USCIS examiner:

Enclosed please find my N400

Application for Naturalization and supporting documents.

Also, please also find a check for $680, covering the N400

fee along with the biometrics fee. I

am eligible for Naturalization based on approved vawa under section INA 319{a}.

Enclosed also please find the following documents:

1. My completed form N400.

2. Attached USCIS Memoranda ‘Regarding the Expanded Meaning of Section 319{a}’

and ‘Clarification of Classes of Applicants Eligible for Naturalization Under Section

319{a}.

3. Form I797 notice of action (approved I360 notice)

4. Form I797 notice of action (I485 approved notice)

5. Copy of Birth certificate

6. A photocopy of both sides of my Permanent Resident Card

7. Two identical color photos.

8. A check in the amount of $680 made payable to US Department of Homeland

Security.

9. A copy of the inside front cover and signature page of passport.(Expired copy and

New copy of passport.)

10. My marriage certificate with Exhusband.

11. Copy of divorce decree.

12. IRS tax transcripts for years 2012,2013 tax returns (see attached), 2014.

13. Copies of Child Support Payment.

14. Copy of child Birth certificate.

15. A copy of document concluding Joint legal and Joint Physical custody of Naima

Armah.

Please advise me if you have any further questions or concerns related to this application.

Sincerely,

[yulisa 9]

I have a question, Am planning a trip in november in case my us citizenship goes thru do i need a visa to enter into my country. or my passport to my country is still valid. I already bought plane ticket. And i know they will take my green card during my citizenship interview. Any help will be appreciated. thank you