What is my eligibility to apply for N400 Citizenship based on 3 year residency/extreme cruelty waiver? 2 Answers as of March 06, 2011It will soon 3 years, since I became a permanent resident, based on I-485 and I-130, filed by my husband on my behalf back then. But over the last 2 years, he became very violent towards me for no reason and he was arrested for attacking me rather badly- (I went to the local police precinct, local hospital to document my injuries and Family Justice Center for help). After 2 -year residency, I had to remove the conditions on my green card, but my husband refused to co-sign my I-751. So I had to file I-751 requesting an extreme cruelty waiver on my own, without his signature, whilst sending all the required documentation, such as police report, hospital records, counseling records, evidence that we are now living separately, court orders of protection from a criminal court and other supporting evidence. My I-751 was approved and I received my new unconditional 10-year green card with category IR6 printed on it. However, I am unsure whether I was granted the actual cruelty waiver, because , as far as I know, IR6 code is for spouses living together, although we are still remain married.
Now, I wish to apply for naturalization,using form N400, on this 3rd anniversary of my permanent residency , not after 5 years, while living SEPARATELY from him and his threatening and abusive behaviour. The question is, that, assuming that IR6 code is correct for battered spouses, which I am, would I be eligible to apply for citizenship now under section 319 (a) of INA, using USCIS memo dated 01/27/05 allowing this category of applicants I belong to do so under VTVPA of 2000, Pub Law 106-386? And am I eligible under section 216 (c) (4) (C) of the INA to apply and is it correct to give me the IR6 code under that provision, rather than other code which could be more suitable for battered spouses? Please, I need answers from knowledgeable legal specialists, who have experience or who have been dealing with this type of particular immigration situation. Thank you so much in advance.
Pacifica Legal Services | Floyd Fernandez
The bottom line is that you are probably eligible to make your citizenship application. Once you obtained your removal of conditions due to your self-petition under VAWA, your eligibility began. Your original CR-1 was obtained through marriage, that is still valid. If you wish to be assisted in your N-400 application for naturalization, please call or e-mail to set up an appointment for consultation. I hope to be able to serve you.
Answer Applies to: California