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Posted

GENERAL INFORMATION! (N-400)

Tips on Applying and Completing Form N-400

The instructions and eligibility guidelines for naturalization on the USCIS website do not clearly explain that VAWA-approved spouses and children of abusive U.S. citizens can apply for naturalization after three years as LPRs. This can be confusing for both applicants and USCIS itself, which sometimes forgets that this ground of eligibility exists.

Moreover, the naturalization application Form N-400 does not have a specific box to check to establish eligibility on this basis.

Therefore, when completing USCIS Form N-400, on Part 1, Information About Your Eligibility, check box E for "other." As an explanation, write "Have been an LPR for at least three years (VAWA, I.N.A § 319(a))."

You might also want to attach a separate statement about how you qualify on this basis and copies of a USCIS memorandum discussing the issue: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a).

Realize also that you will still have to meet the other requirements for naturalization. For example, you will have to pass the civics and English tests and meet the physical presence requirements.👍😊

 

 

 

 

 

Filed: AOS (apr) Country: India
Timeline
Posted
14 minutes ago, gramercy said:

Thank you.

I submitted  the N-400 online and attached:

1-Greencard

2-Marriage certificate

3-Husband's  birth certificate

4-Office memorandum regarding VAWA eligibility 

5- Employment verification  letter

Congratulations on your success I have a question that have you applied your citizen ship after 2 years and 9 months of getting your green card and is the marriage certificate and divorce decree is mandatory to attached with the citizenship application moreover can you please share the VAWA notification where they have allowed the VAWA green card to apply for citizen ship after 3 years of being permanent residents 

Filed: AOS (apr) Country: India
Timeline
Posted (edited)

@Aarontx90 Please consider submitting "out of normal processing time request" if you haven't done so already. 

Edited by shiva32

Divorced US citizen spouse in December 2017. 

Filed I-360 on Nov 12, 2019

Filed I485/ C31 EAD / AP in Feb 2020 (Stupid lawyer filed C31 instead of C9, and I didnt know EAD codes, didnt know about this VJ forum either)

On H1b status since 2014, H1b 6 years expired in May 2020. Out of status / Period of authorized stay since then. 

Amended EAD petition to C9 and filed expedite request for same in mid-may 2020. 

C9 EAD approved June 4, 2020. 

Biometrics done in Oct 2020. 

I485 case transferred to NBC for "faster processing" on September 30, 2020

Filed C9 EAD / AP Renewal petition in February 2021. 

Initial Advance Parole (from Feb 2020 application) approved in June 2021. 

C31 EAD production update - Nov 1st, 2021. 

C31 card delivered to attorney's office on Nov 8, 2021. 

I-360 case approved status update - Nov 22, 2021. 

No RFE throughout.  

Senator's office confirmed via congressional inquiry that the St. Louis office has received the I485 file and is currently awaiting interview scheduling - March 7, 2022

C9 EAD renewal card production case update - July 20, 2022 (took them just 17 months to process)

C9 EAD / AP renewal approval case update on both cases on July 21, 2022.

Combo card delivered to attorney's office on July 27, 2022

Medical exam RFE Drama: Second congressional inquiry sent in early July 2022 for I485. USCIS responded on 8/12/22 to this congressional inquiry that they issued an RFE on 5/24/22 and were waiting for my response. My lawyer denied receiving RFE and there was no such update on online USCIS portal. Lawyer's old firm was safe mailing address on my case. Lawyer changed firms a year after I hired her but did not change mailing address for my case with USCIS, she said she had a deal with her old firm to forward all her clients' mail to her new firm. Old firm denied receiving RFE. Sent another congressional inquiry requesting copy of RFE on 8/17/22. I also got medical exam done on 8/17/22 as I assumed RFE was for medical exam (thanks for this forum's insights.) Yelled at lawyer and threatened her with dire consequences. On 8/18/22 my lawyer's old firm finally found scanned copy of RFE in their "archived scans" (whatever the duck that is) and emailed it to me. It was indeed RFE requesting medical exam. On 8/20/22 I mailed medicals sealed packet with copy of RFE to St. Louis field office. Also sent a notarized letter with the packet - updating safe mailing address to my home address and informing St. Louis field office that I fired my lawyer. Sent similar letter to Vermont Service Center on the same date. 

8/23/22 - Fedex confirmed delivery of medicals packet to St. Louis Field Office. 

8/26/22: Case update on I485: New Card Is Being Produced

8/29/22:  On August 29, 2022, we approved your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

9/3/22 green card delivered to attorney's office (they didn't change safe mailing address despite my written requests to FO AND VSC.) 

9/6/22 VSC returned AR11 and my letter requesting safe mailing address change. In their letter they said something to the effect of "you can do this online, we wont do it via snail mail request etc." Just posting as an FYI, its weird. Also received I485 approval notice on the same date. 

 

 

 

 

 

  

Filed: AOS (apr) Country: Bahamas
Timeline
Posted
42 minutes ago, Stillwinning!!!😊 said:

GENERAL INFORMATION! (N-400)

Tips on Applying and Completing Form N-400

The instructions and eligibility guidelines for naturalization on the USCIS website do not clearly explain that VAWA-approved spouses and children of abusive U.S. citizens can apply for naturalization after three years as LPRs. This can be confusing for both applicants and USCIS itself, which sometimes forgets that this ground of eligibility exists.

Moreover, the naturalization application Form N-400 does not have a specific box to check to establish eligibility on this basis.

Therefore, when completing USCIS Form N-400, on Part 1, Information About Your Eligibility, check box E for "other." As an explanation, write "Have been an LPR for at least three years (VAWA, I.N.A § 319(a))."

You might also want to attach a separate statement about how you qualify on this basis and copies of a USCIS memorandum discussing the issue: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a).

Realize also that you will still have to meet the other requirements for naturalization. For example, you will have to pass the civics and English tests and meet the physical presence requirements.👍😊

 

 

 

 

 

Thank you so so much this explains everything to me!!!! I was checking and I could not see that part.

Posted
52 minutes ago, Stillwinning!!!😊 said:

GENERAL INFORMATION! (N-400)

Tips on Applying and Completing Form N-400

The instructions and eligibility guidelines for naturalization on the USCIS website do not clearly explain that VAWA-approved spouses and children of abusive U.S. citizens can apply for naturalization after three years as LPRs. This can be confusing for both applicants and USCIS itself, which sometimes forgets that this ground of eligibility exists.

Moreover, the naturalization application Form N-400 does not have a specific box to check to establish eligibility on this basis.

Therefore, when completing USCIS Form N-400, on Part 1, Information About Your Eligibility, check box E for "other." As an explanation, write "Have been an LPR for at least three years (VAWA, I.N.A § 319(a))."

You might also want to attach a separate statement about how you qualify on this basis and copies of a USCIS memorandum discussing the issue: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a).

Realize also that you will still have to meet the other requirements for naturalization. For example, you will have to pass the civics and English tests and meet the physical presence requirements.👍😊

 

 

 

 

 

Do you know if somebody gets their VAWA approved should they still attach all vawa supporting evidence and USCIS will again go through that when applying for N-400? Would they work slower due to previous vawa?  

Posted
48 minutes ago, Rosa Garcia said:

Do you know if somebody gets their VAWA approved should they still attach all vawa supporting evidence and USCIS will again go through that when applying for N-400? Would they work slower due to previous vawa?  

From what I’ve read, when you apply for naturalization, they review your entire immigration history in-depth to ensure your green card wasn’t obtained fraudulently…and no you do not have to attach vawa related evidence  as it’s been adjudicated and approved. USCIS keeps your record that’s why FOIA is possible. Nothing to worry about if you already have your GC it will most likely be a smooth sail.🛳 😊👍

Posted
18 minutes ago, Stillwinning!!!😊 said:

From what I’ve read, when you apply for naturalization, they review your entire immigration history in-depth to ensure your green card wasn’t obtained fraudulently…and no you do not have to attach vawa related evidence  as it’s been adjudicated and approved. USCIS keeps your record that’s why FOIA is possible. Nothing to worry about if you already have your GC it will most likely be a smooth sail.🛳 😊👍

Thank you for your response. I'm just asking...still don't have I-360 decision..

Posted

Hello VAWA family, I have been silently following the threads for a few months. I am a Sep 2021 filer and I am also patiently waiting to finalize my divorce (probably another few months before I can be free; my husband just won't get divorce done that easy). Actually the later one makes me super stressed and anxious. I am trying to keep myself busy and distract my attentions to somewhere else. I really appreciate the positive vibes this community offers. I am guessing in which thread I may get vawa approval, maybe part 30? 🙂

Posted

I know this might sound odd, but just making sure 

 

1- is it safe to provide the case tracking number and all information on the form to contact the Congressperson?

 

2- can I give them my attorney’s office address instead of my address since I used my attorney’s address for my case anyway, I don’t want any mail related to my case to go to my address for safety purposes. 
 

thank you in advance 🙏

Posted
43 minutes ago, Still Hopeful said:

Hello all please I need your help! Can I expedite my EAD online? I just got a job offer and I have reached out to my senator and congressman but no response from them yet. If I can expedite it online can I please get a link that I can use? Thank you!

Expediting online is not gonna make a difference. 

 

Write to Vermont directly if that gonna make anything faster. Send everything overnight. 

Try to go to your congressperson's office in person to see if they can help.  

Posted
2 hours ago, J2020 said:

I know this might sound odd, but just making sure 

 

1- is it safe to provide the case tracking number and all information on the form to contact the Congressperson?

 

2- can I give them my attorney’s office address instead of my address since I used my attorney’s address for my case anyway, I don’t want any mail related to my case to go to my address for safety purposes. 
 

thank you in advance 🙏

Yes it is safe. most of us did. 

I am not really sure if you can give your Lawyers' address. 

 
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