Naturalization for VAWA Derivative Child Beneficiary

[curios 0]

After how many years can a permanent resident who received a green card through VAWA as a beneficiary child with green card category IB7 naturalize?

 

I know that the VAWA petitioner can naturalize in 3 years, but what about the child of the petitioner? Is it 3 or 5 years?

 

Thanks!

[OldUser 6,963]

Just now, curios said:

After how many years can a permanent resident who received a green card through VAWA as a beneficiary child with green card category IB7 naturalize?

 

I know that the VAWA petitioner can naturalize in 3 years, but what about the child of the petitioner? Is it 3 or 5 years?

 

Thanks!

Is the child a minor or adult?

[curios 0]

Just now, OldUser said:

Is the child a minor or adult?

The child was under 21 at the time they received the green card. Not anymore.

[OldUser 6,963]

6 minutes ago, curios said:

The child was under 21 at the time they received the green card. Not anymore.

 

Check this out, based on what I see, child can apply under 3 year rule.

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

 

[curios 0]

1 minute ago, OldUser said:

 

Check this out, based on what I see, child can apply under 3 year rule.

https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf

 

Thank you, but the question now is, is the child considered a child of a US citizen or not, since the US citizen is not the biological parent.

[OldUser 6,963]

49 minutes ago, curios said:

Thank you, but the question now is, is the child considered a child of a US citizen or not, since the US citizen is not the biological parent.

This is a good question. If they were a biological child though, in many cases they'd be US citizen by operation of law (either born in the US or got citizenship through CRBA)

[Demise 1,303]

21 hours ago, curios said:

Thank you, but the question now is, is the child considered a child of a US citizen or not, since the US citizen is not the biological parent.

In this context:

If the kid was under 18 when you married - yes the kid is considered a stepchild of a US citizen (INA 101(b)(1)(B)).

If the kid was over 18 when you married then I don't know but I am leaning to say no as a stepparent-stepchild relationship was never formed in a case like that.

I've been looking through INA and I really can't find anything that'd allow it, as the eligibility basically hinges on being a child or former child of an abusive US citizen and if that relation was never legally formed then there's nothing to proceed from.

Edited 8 hours ago by Demise

[Family 4,061]

21 hours ago, OldUser said:

This is a good question. If they were a biological child though, in many cases they'd be US citizen by operation of law (either born in the US or got citizenship through CRBA)

The qualifying relationship ( parent -child) was established at the VAWA derivative grant and subsequent LPR adjustment.
 

It makes no distinction between biological and step child …as long as the derivative minor met the criteria and immigration definition of “ child” ( parents marriage before child turned 18) as @Demise brilliantly points out.

 

So, yes, s/he can apply under 3 year rule with you. 

 

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-6A. Children Subjected to Battery or Extreme Cruelty

In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on his or her marriage under section 319(a) of the Immigration and Nationality Act (INA). On October 28, 2000, Congress expanded the naturalization provision based on a family relationship to a U.S. citizen. The amendments added that children of U.S. citizens may naturalize if they obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty by their citizen parent.^[1] 

1. Eligibility for Special Provision

A child^[2] is eligible for naturalization under the spousal naturalization provisions^[3] if he or she obtained LPR status based on:

• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning child of an abusive U.S. citizen;
• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning child of an abusive LPR, if the abusive parent naturalizes after USCIS approves the petition;^[4] 
• An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the derivative child^[5] of a self-petitioning spouse of a U.S. citizen who was battered or subjected to extreme cruelty by a U.S. citizen spouse;^[6] or 
• Cancellation of removal where the applicant was the child of a U.S. citizen who subjected him or her to battery or extreme cruelty.^[7]