NEED URGENT HELP

malaika007 · April 17, 2012

I came here on a k1 visa years ago with my daughter after being mentally and physically abused for 5 yrs and my ex had not filed for AOS for me and my daughter ,however I managed to to adjust to LPR through vawa and my daughter was approved .At the time we became LPR my daughter was 17 yrs old and now she is 20 yrs old at the time we are eligable for citizenship.I understand under vawa rule you dont have to wait for 5 years to apply for citizenship the 3 years rule applies just like it applies on one that is married to a USC.Also my daughter qualified for LPR as a child of an abused parent.My question is does my child have to fill the N 400 form herself or am I the one to do it for her also when filing for naturalization they asked for tax returns she just finished high school at the age of 19 and she hasnt worked in this situation what should I do ,does she also qualify for the 3 year rule or she will have to do it after 5 years please someone help me understand and how I should go about the whole thing thank you for your help in advance.

NigeriaorBust · April 17, 2012

Both of you are under the 5 year rule and each of you are separate cases as she is no longer a child.

Boiler · April 17, 2012

I did not know you could file after 3 years.

malaika007 · April 17, 2012

Both of you are under the 5 year rule and each of you are separate cases as she is no longer a child.

At the time of interview the IO mentioned that we can apply apply for citizenship 90 days before 3 years .I have read somewhere for that to be true too will find a link.If my ex was a LPR at the time i applied for vawa it would have been 5 years since he is a USC its 3 years .My main concern is filing for my daughter I know for sure its 3 years 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

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.

Edited April 17, 2012 by malaika007

malaika007 · April 17, 2012