When Foreign Nationals Affected by Domestic Violence May Have Legal Shortcuts to Citizenship

Overview of VAWA Protections

The Violence Against Women Act (VAWA) provides legal protections to foreign nationals who suffer domestic violence in the U.S.
Foreign nationals can seek legal permanent resident (LPR) status by:
- Filing a self-petition on Form I-360, or
- Submitting a VAWA waiver with Form I-751.
VAWA also offers cancellation of removal as relief from deportation.
Protections extend not only to battered spouses but also to children who suffered domestic abuse.

VAWA primarily affects the residency requirement for naturalization.
Applicants must still meet all other naturalization criteria (language, civics test, good moral character, etc.).
Under VAWA, a spouse or child of a U.S. citizen who abused them can apply for citizenship after 3 years of LPR status instead of the usual 5 years.
If the abuser is a legal permanent resident (not a citizen), the victim must wait 5 years unless the abuser later becomes a citizen.

Form N-400 does not have a specific box for VAWA eligibility.
Applicants should check the box for “Other” and explain VAWA eligibility in the provided space.
It helps to submit a statement and supporting USCIS documents related to VAWA.
Remember, VAWA only shortens the residency requirement; other citizenship requirements apply.

A foreign national spouse can apply for citizenship if:
- USCIS approved Form I-360 or I-751, or
- They received cancellation of removal based on VAWA, and
- They have been an LPR for at least 3 years.
Unlike other spouses of U.S. citizens, VAWA applicants do not need to prove cohabitation with the abusive spouse.
Citizenship application is possible even if the abusive spouse is divorced or deceased.
Foreign national children of an abusive U.S. citizen can also apply within 3 years of LPR status if it was based on their relationship to the abuser.
Children can apply even if they are over 21, married, or the abuser is no longer a citizen or deceased.
The applicant must still be at least 18 years old to naturalize.

VAWA protections cover any spouse or child, regardless of gender, who has suffered abuse.

If the abuser was an LPR at the time of abuse but later becomes a U.S. citizen,
The abused spouse or child may be eligible for the 3-year shortcut after:
- They have been LPR for 3 years based on the relationship, and
- The abuser has held citizenship for at least 3 years.
This shortcut is often unavailable immediately because of the citizenship timeline of the abuser.

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