Am I eligible for neutralization yet?

[Ree 9]

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.

Do the cards have different categories? Because if you are planning to apply for citizenship based on WAVA, I believe your greencard should have been issied with WAVA category

[monalizamonaliza 0]

Do the cards have different categories? Because if you are planning to apply for citizenship based on WAVA, I believe your greencard should have been issied with WAVA category

first card is category : CF1

Second card : IB6

The first one was condetional based on marriage.

the second one is permenant based on VAWA

[monalizamonaliza 0]

Why do i feel that i'm having the most difficult case, i can't get two attorneys to agree on one openion, and you guys are my last hope.

[visajourneymember 2]

you might or might not be eligible for naturalization, but you are eligible for neutralization

[Ree 9]

first card is category : CF1

Second card : IB6

The first one was condetional based on marriage.

the second one is permenant based on VAWA

So you are applying based on VAWA greencard which was received less than three years ago? Are you sure you are already eligible?

If they gave you a new green card instead of sending you to remove conditions from your first greencard, it may mean they pretended it never existed. If it is so, you may forget about your first greencard, because you are a resident since 2012

[monalizamonaliza 0]

you might or might not be eligible for naturalization, but you are eligible for neutralization

[monalizamonaliza 0]

So you are applying based on VAWA greencard which was received less than three years ago? Are you sure you are already eligible?

If they gave you a new green card instead of sending you to remove conditions from your first greencard, it may mean they pretended it never existed. If it is so, you may forget about your first greencard, because you are a resident since 2012

I have been always legal here since the first moment, i haven't stayed one momment illegal or out of status, so how come they cancel a previous resident,

[visajourneymember 2]

yes that's what neutralization looks like

[Ree 9]

how come they cancel a previous resident,

I can't answer that question. But since your greencard says you are a resident since 2012, so you are

[N400-2011 24]

It looks like the first card was canceled. The IB6 designation is for VAWA. I believe that you would have to wait until 2015 in order to file.

If you try to file this year you may be wasting the filing fee. My suggestion for you is to make an infopass appointment and ask your questions.

[Sandra G. 5,079]

The amendment to INA § 319(a) clearly extends three-year naturalization eligibility to all otherwise eligible survivors of domestic violence who obtained lawful permanent residency as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty.

(Recommendation to USCIS to Correct a Naturalization Policy Memorandum in order to Fully Comply with Section 319(a) of the Immigration and Naturalization Act, as amended by Public Law 106-386).

In your case you can naturalize after residing in the U.S. for three years as a lawful permanent resident.

[Leatherneck 693]

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.

According to this you can naturalize in three years.

I. BACKGROUND

The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) amended section 319(a) of the Immigration and Naturalization Act (INA) to allow certain survivors of domestic violence to naturalize after residing in the U.S. for three years as a lawful permanent resident. 1 Under prior law, the ability to naturalize after just three years of permanent residency in the U.S. – as opposed to the general requirement of five years – was limited to spouses of U.S. citizens. The VTVPA expanded this provision to include spouses, former spouses and children of U.S. citizens who have been battered or subjected to extreme mental cruelty by their U.S. citizen spouse or parent.

On October 15, 2002, USCIS released a policy memorandum that inexplicably limited eligibility to naturalize under the amended law to individuals who gained permanent residency based on an approved I-360 self-petition or cancellation of removal under the Violence Against Women Act. See Instructions Regarding the Expanded Meaning of Section 319(a), INS Policy Memo #89, HQISD 70/33. This policy excludes individuals who gain permanent residency through the approval of a form I-751 with a waiver of the joint filing requirement due to battery or subjection to extreme mental cruelty. See INA § 216©(4)© and 8 CFR § 216.5 (e)(3). Under the amended statute, these individuals are also eligible for three-year naturalization and should not be denied this benefit by incorrect USCIS policy.

II. JUSTIFICATION

The amendment to INA § 319(a) clearly extends three-year naturalization eligibility to all otherwise eligible survivors of domestic violence who obtained lawful permanent residency as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty.2

1 VTVPA, Sec. 1503(e), title V, Pub. L. No. 106-386, Act of Oct. 28, 2000, 114 Stat. 1464.

[monalizamonaliza 0]

The amendment to INA § 319(a) clearly extends three-year naturalization eligibility to all otherwise eligible survivors of domestic violence who obtained lawful permanent residency as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty.

(Recommendation to USCIS to Correct a Naturalization Policy Memorandum in order to Fully Comply with Section 319(a) of the Immigration and Naturalization Act, as amended by Public Law 106-386).

In your case you can naturalize after residing in the U.S. for three years as a lawful permanent resident.

Yes, but my question is "Do they count from the first conditional card? or starting from the VAWA based card only?

According to this you can naturalize in three years.

I. BACKGROUND

The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) amended section 319(a) of the Immigration and Naturalization Act (INA) to allow certain survivors of domestic violence to naturalize after residing in the U.S. for three years as a lawful permanent resident. 1 Under prior law, the ability to naturalize after just three years of permanent residency in the U.S. – as opposed to the general requirement of five years – was limited to spouses of U.S. citizens. The VTVPA expanded this provision to include spouses, former spouses and children of U.S. citizens who have been battered or subjected to extreme mental cruelty by their U.S. citizen spouse or parent.

On October 15, 2002, USCIS released a policy memorandum that inexplicably limited eligibility to naturalize under the amended law to individuals who gained permanent residency based on an approved I-360 self-petition or cancellation of removal under the Violence Against Women Act. See Instructions Regarding the Expanded Meaning of Section 319(a), INS Policy Memo #89, HQISD 70/33. This policy excludes individuals who gain permanent residency through the approval of a form I-751 with a waiver of the joint filing requirement due to battery or subjection to extreme mental cruelty. See INA § 216©(4)© and 8 CFR § 216.5 (e)(3). Under the amended statute, these individuals are also eligible for three-year naturalization and should not be denied this benefit by incorrect USCIS policy.

II. JUSTIFICATION

The amendment to INA § 319(a) clearly extends three-year naturalization eligibility to all otherwise eligible survivors of domestic violence who obtained lawful permanent residency as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty.2

1 VTVPA, Sec. 1503(e), title V, Pub. L. No. 106-386, Act of Oct. 28, 2000, 114 Stat. 1464.

thanks for your reply, but i want if they count from the first conditional card? or starting from the VAWA based card only?

[S_R 148]

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.

I believe the answer will be Yes.

[Jupiter07 12]

No, you can't be neutralized. But you can be naturalized :-)