Am I still eligible for US citizenship even though I am going through a divorce? 7 Answers as of January 26, 2011

I have been married to a US spouse for 2 years and 10 months. We have a 2 year old daughter but we have a domestic violence case against him. I filed a divorce over a year ago that is still progressing. Am I still eligible for US citizenship? When can I apply?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you get divorced or even move out of the residence of the USC the soonest you may apply for citizenship is four years and nine months from the date your conditional residence was first approved. You must meet the requirements of physical presence. Continuous residence, good moral character, and residence in the state to file for citizenship when eligible.
Answer Applies to: California
Replied: 1/26/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, and you should be able to self-petition regarding the removal of your conditional status of your marriage.
Answer Applies to: Virginia
Replied: 1/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Under the Violence Against Women's Act (VAWA) you may be able to file for Naturalization now even if you divorce your husband since you are a victim of domestic violence. Generally, to file for Naturalization after 3 years you have to married and living with your U.S. Citizen husband. However, VAWA provides exceptions to this requirement for victims of domestic violence.
Answer Applies to: California
Replied: 1/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You would not be able to file for your citizenship at this time.
Answer Applies to: Florida
Replied: 1/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you have already removed the condition, you have no problem.
Answer Applies to: Florida
Replied: 1/19/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    Generally to apply for citizenship three years from obtaining your green card you marriage to the U.S.C. must be in good standing. The divorce would force you to wait two more years, or five years from having obtained your green card.
    Answer Applies to: Florida
    Replied: 1/19/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    Do you already have the permanent greencard or just the conditional permanent resident? If you have the permanent greencard, you can technically apply for citizenship once you have 3 years of permanent residence, but you must still be married to your US citizen spouse. If you have the conditional greencard, you need to file a form I-751 which is a joint petition attesting to your continued marriage. You can file it by yourself with a waiver as long as the divorce is final. You, then of course, would have to wait until you have 5 years of permanent residence.
    Answer Applies to: Virginia
    Replied: 1/19/2011
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