Citizenship denied

C

Chelle

Registered Users (C)
I got my GC thru VAWA on March 2006. I filed my n-400 in March 2010, fingerprint in May 2010 and I had my interview in Sf field PFC on June 29, 2010. After the interview and tests, officer told me that I did a very good job with everything but he had to tell me his bad news that I wasn't eligible as of yet, he said that I have to withdraw and refile on Jan 2011 to be able to satisfy the 5 year rule. I told him about the VAWA 3 yr rule but he didn't seem to know about it. He pulled out a book and showed me and told me that only spouses of US citizens are eligible. I did not withdraw my application and told me that I will receive a mail regarding the decision. He said I can file a request for a hearing with some fee but definitely lower than what I've paid for with my application. I received a letter of denial and a request for hearing which is asking for $605 fee and I have to send it within 30 days after I have received the letter. I was sure that i am eligible already.

Do you think I should file for the hearing with the $605 fee or wait till Jan 2011 to refile and pay snot her $675? Your thoughts please, I am so disappointed to this day that was denied.
 
So your permanent residency was derived via VAWA battered spouse of LPR.
However, this does not extend to naturalization 3 year rule. INA 319(a) makes it clear that only VAWA based application from spouse of USC are eligible to apply under 3 year rule:

INA 319(a):

[FONT=&quot] [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] Any person whose spouse is a citizen of the United States, [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] 1/ [FONT=&quot] [/FONT] [FONT=&quot] or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] [FONT=&quot] [/FONT] 1/ [FONT=&quot] [/FONT] [FONT=&quot] (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.[/FONT]

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html
 
Chelle said:
VAWA - battered spouse of LPR
Click to expand...

Bobsmyth is exactly right, the text of INA 319(a) is pretty clear on this point. VAWA does provide a special adjustment of status benefit to battered spouses/children of LPRs, but it only provides a 3 year rule naturalization benefit for battered spouses/children of U.S. citizens. So in your case there is no point in appealing the denial, you will just be wasting your time and money. You'll have to wait until you are eligible to file N-400 under the standard 5-year rule.
 
Last edited by a moderator:
Ok I was confused. I can't post a link but it's an amendment posted under laws in uscis.gov website


regarding policy memo 89 Expanded meaning of 319(a) dated oct 15, 2002 and clarification on vtvpa dated Jan 25, 2005.
 
Chelle said:
VAWA - battered spouse of LPR
Click to expand...

Bobsmyth is correct. Unfortunately, the officer is right and you won't get refund fees. It is not worth to file for hearing as you will waste your money. The bright side is that you will be able to file your N400 again on Jan 2011, but unfortunately, you will pay fees again for processing your N-400.
 
Chelle said:
Ok I was confused. I can't post a link but it's an amendment posted under laws in uscis.gov website


regarding policy memo 89 Expanded meaning of 319(a) dated oct 15, 2002 and clarification on vtvpa dated Jan 25, 2005.
Click to expand...

You misinterpreted the language of the 2005 memo. Both memos only apply to abused spouses/children of U.S. citizens and are mainly concerned with how exactly the status of an applicant as an abused spouse/child of a U.S. citizen is certified. The 2002 memo basically lists two ways of certifying such status: through an approved form I-360 and through a judicial determination in the cancellation of removal proceedings. The 2005 memo adds a third way: through an approved waiver of joint filing requirements for I-750 (application to remove conditions of residence; this is specifically only for spouses of U.S. citizens who initially were issued a conditional 2-year green card and then had to apply to get a standard 'unconditional' 10-year green card). None of this is applicable to abused spouses/children of LPRs. You really should have sought some legal advice before you filed an N-400 claiming eligibility for the 3-year VAWA rule.
 
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