QUESTION
Am I still eligible for US citizenship even though I am going through a divorce?
Asked on Jan 18th, 2011 on Immigration - Florida
More details to this question:
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?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
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.
Answered on Jan 26th, 2011 at 5:43 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
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.
Answered on Jan 20th, 2011 at 9:43 AM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
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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.
Answered on Jan 19th, 2011 at 4:28 PM