For lawful permanent residents under the Violence Against Women Act, the journey to U.S. citizenship follows a unique path. This comprehensive guide will explore when VAWA green card holders can apply for U.S. citizenship by naturalization and the eligibility criteria involved.
Understanding the VAWA Green Card Holder’s Journey
VAWA-Based Relief and Green Card Approval
It offers protection and immigration benefits to those who have experienced abuse from a U.S. citizen or lawful permanent resident spouse or parent. Through this, survivors can self-petition (Form I-360), use an abuse waiver (Form I-751), or seek cancellation of removal. Once approved, they become lawful permanent residents (LPRs).
The Three-Year Exception
A key distinction for VAWA green card holders is the ability to apply for U.S. citizenship after only three years, instead of the standard five-year waiting period. This exception is available to survivors who meet specific criteria.
Naturalization Eligibility for VAWA Spouses of U.S. Citizens
The Battered Spouse Exception
If you are a battered spouse of a U.S. citizen and have been an LPR for at least three years, you can apply for U.S. citizenship without needing to prove that you still live with your citizen spouse. This exception applies even if you are divorced or if your abusive U.S. spouse has passed away. This flexibility is a significant advantage compared to non-VAWA spouses of U.S. citizens, who must prove their spouse’s continued presence and the marriage’s validity.
Naturalization Eligibility for VAWA Children of U.S. Citizens
Abused Child Exception
If you received your green card as an abused child of a U.S. citizen, you can apply for naturalization after three years as an LPR, regardless of whether the abusive parent is still a U.S. citizen or alive. Applicants must be over 18 years old but do not need to meet the legal definition of a child.
Naturalization Eligibility for VAWA Spouses and Children of LPRs Who Naturalize
When LPRs Naturalize
If you obtained U.S. permanent residence as the spouse or child of an abusive LPR who later naturalizes as a U.S. citizen, you may benefit from the three-year rule. In this case, both you and your abusive spouse or parent must have been U.S. citizens and VAWA green card holders for three years before applying for U.S. citizenship.
Navigating Form N-400: Tips and Guidance
Filling out Form N-400, the naturalization application can be challenging for VAWA survivors because there isn’t a specific eligibility checkbox for them. To establish your eligibility, select “Other” under Part 1, Information About Your Eligibility, and specify, “Have been an LPR for at least three years (VAWA, I.N.A § 319(a)).”
- Include a separate statement outlining your eligibility and attach copies of relevant USCIS memoranda, such as the “Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a).”
- Remember, you must still meet other naturalization requirements, such as passing the civics and English tests and satisfying the physical presence requirements.
For VAWA green card holders, the path to U.S. citizenship offers unique opportunities and exceptions. By understanding the eligibility criteria and navigating the naturalization process, survivors of abuse can take a significant step toward achieving their American dream.
In summary, VAWA survivors who have been granted green card status can apply for U.S. citizenship earlier than the standard five-year period. This guide has highlighted the specific eligibility criteria for spouses, children, and survivors of LPRs who naturalize, providing a clear roadmap to navigate the process.
Your journey toward naturalization is unique, and understanding your options is the first step toward achieving your goals. For personalized guidance and assistance, consult with an experienced immigration attorney to ensure you make the most of the opportunities available to you.
