Am I eligible for neutralization yet?

[monalizamonaliza 0]

Hi Everyone ,

I have been told thatg VAWA based Green card holders are eligible for neutralization after 3 years only of becoming a lawfull permenant resident,

my brief story is:

-> Got married to a US citizen june 2008.

-> Recieved a 2 years conditional Green Card in july 2009.

-> divorced on october 2011.

-> Got permenant 10 years green card "VAWA Based" on january 2012.

So Now can i apply for Citizenship this cmming april since it will be 3 years since i became a US lawfull permenant resident green card? Or desn it only count from the VAWA based one. and will it be a problem if i apply in april anyway??

Any help appreciated.

[Inky 1,111]

Naturalization.

5 years of residency if no longer married to the US citizen who petitioned you is when you can apply for Naturalization.

3 years of residency if still married to the US citizen who petitioned you is when you can apply for Naturalization.

Requirements

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Checklist

http://www.uscis.gov/files/article/attachments.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=480ccac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[N400-2011 24]

Sorry I can't help with that one. I never had a conditional card. I got my 10-year card through VAWA in May 2008, I applied for citizenship in February 2011, and became a citizen in September. My divorce was finalized in 2007.

Inky: Persons who gain their GC through VAWA who were married to a USC can file for citizenship 90 days before their 3-year anniversary as an LPR.

In your case, I would suggest speaking to an immigration attorney to get a clear response. Is the date on your 10-year card the same as the date on the 2-year card?

Edited February 21, 2012 by N400-2011

[N400-2011 24]

Another question: did you actually file for AOS using VAWA or did you just remove conditions with proof of abuse? You were already a resident so I wouldn't think USCIS would process another AOS application for you... If you just removed conditions, I would think you would have to wait 5 years from the date you became an LPR.

Edited February 21, 2012 by N400-2011

[monalizamonaliza 0]

Naturalization.

5 years of residency if no longer married to the US citizen who petitioned you is when you can apply for Naturalization.

3 years of residency if still married to the US citizen who petitioned you is when you can apply for Naturalization.

Requirements

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Checklist

http://www.uscis.gov/files/article/attachments.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=480ccac09aa5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

I know for fact that VAWA can i apply after 3 years. but my concern was about how to count the three years. look at this link and text below:

http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_10_INA_319_(a)_Naturalization_10-06-04.pdf

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,

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 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), 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 l east half of that time and has resided within the

State or the district of the Service in the Un ited States in which the applicant filed his

application for at least three months.

Edited February 21, 2012 by monalizamonaliza

[aaron2020 11,651]

Hi Everyone ,

I have been told thatg VAWA based Green card holders are eligible for neutralization after 3 years only of becoming a lawfull permenant resident,

my brief story is:

-> Got married to a US citizen june 2008.

-> Recieved a 2 years conditional Green Card in july 2009.

-> divorced on october 2011.

-> Got permenant 10 years green card "VAWA Based" on january 2012.

So Now can i apply for Citizenship this cmming april since it will be 3 years since i became a US lawfull permenant resident green card? No. You can only naturalize in 3 years if 1) you have been an LPR for 3 years, AND 2) you are married and living with your US citizen spouse for the 3 years before you apply. You cannot meet the 2nd condition, so you cannot naturalize under the 3 years rule. Or desn it only count from the VAWA based one. and will it be a problem if i apply in april anyway?? If you apply in April, your petition will be denied. You do not meet the married to a US citizen for the 3 years before applying to use the 3 years rule for naturalization.

Any help appreciated.

You only have one option for US citizen - the 5 years rule. You can apply based on the 5th anniversary of the day you first received your conditional green card.

Edited February 21, 2012 by aaron2020

[monalizamonaliza 0]

Sorry I can't help with that one. I never had a conditional card. I got my 10-year card through VAWA in May 2008, I applied for citizenship in February 2011, and became a citizen in September. My divorce was finalized in 2007.

Inky: Persons who gain their GC through VAWA who were married to a USC can file for citizenship 90 days before their 3-year anniversary as an LPR.

In your case, I would suggest speaking to an immigration attorney to get a clear response. Is the date on your 10-year card the same as the date on the 2-year card?

Thanks alot for your reply. i hate attorneyy alot of them dont know what thier doing, and i get different responses from them. it is hard to find trustworthy one.

[N400-2011 24]

In NY, my attorney was through the City Bar Justice Center, they specialize in VAWA cases. I suggest you contact a DV resource in your area. Did you just remove conditions citing DV or did you actually file another AOS based on VAWA? (See my earlier query)

Edited February 21, 2012 by N400-2011

[aaron2020 11,651]

Please ignore my previous post - I got it wrong.

You can apply to naturalize 90 days before the 3rd anniversary of your conditional green card.

[Inky 1,111]

Another question: did you actually file for AOS using VAWA or did you just remove conditions with proof of abuse? You were already a resident so I wouldn't think USCIS would process another AOS application for you... If you just removed conditions, I would think you would have to wait 5 years from the date you became an LPR.

The OP already had a 2 year green card then got divorced then had ROC with the VAWA to get their 10 year card.

[monalizamonaliza 0]

Another question: did you actually file for AOS using VAWA or did you just remove conditions with proof of abuse? You were already a resident so I wouldn't think USCIS would process another AOS application for you... If you just removed conditions, I would think you would have to wait 5 years from the date you became an LPR.

No that was not remove of condition, My attorney filed for me I360 along with I485 , So yes basically i applied for I485 twice, once when i got my 2 years , and another when i got my Vawa based 10 years,

The OP already had a 2 year green card then got divorced then had ROC with the VAWA to get their 10 year card.

No that was not remove of condition, My attorney filed for me I360 along with I485 , So yes basically i applied for I485 twice, once when i got my 2 years , and another when i got my Vawa based 10 years,

[monalizamonaliza 0]

Please ignore my previous post - I got it wrong.

You can apply to naturalize 90 days before the 3rd anniversary of your conditional green card.

Thank you so much for correcting your answer, that helped me alot to not get further confused, Another question for you after all what you know already what will be the answer if the following question is pointed to me "Did you gain permenant resident status through marriage to a US Citizen? " This question i have to answer in the I-130 i'm filing for my new spouse.

[Ree 9]

How did it happened that they approved your second I-485, if you were already a green card holder?

[monalizamonaliza 0]

How did it happened that they approved your second I-485, if you were already a green card holder?

I don't know, may be because they were based on different things, or may be because i was still on conditional for the first AOS, but anyways that is exactly what happened, i also had to do another medical exam and another fingerprint all over. i was lucky that i didn't have to take another vaccination because i had record of the first one.

[monalizamonaliza 0]

You know what, i also have different "resident since date" on each green card one is "resident since 2009" the other is "resident since 2012" but i'm assuming this is just a mistake from them, they both should of been 2009. at least they didn't take the first card from me in the interview, so now i have proof that i'm resident since 2009.

Edited February 21, 2012 by monalizamonaliza