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.

Effect of VAWA on Citizenship

• 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.

Filing the Citizenship Application under VAWA

• 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.

Citizenship for Spouses and Children of U.S. Citizens Under VAWA

• 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 Applies Regardless of Gender

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

Citizenship for Spouses and Children of Legal Permanent Residents Who Later Become Citizens

• 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.