Fort Worth, TX asked in Domestic Violence and Immigration Law for Texas

Q: Received waiver for I751 due to violence, Can i still apply for citizenship after a divorce

I got my conditional green card in 2016. i applied for a waiver to remove contion in 2018 as a result of domestic violence and this was approved. presently it has been 3years of been a green card holder can i apply for citizenship or i have to wait for 5 years because presently i am divorce from my US citizen spouse.

1 Lawyer Answer
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: In your scenario, the spousal naturalization provisions are applicable if the conditions on the resident status are removed based on an approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (FORM I-751). In these types of cases you will not have to present evidence of an existing martial union but all other requirements for naturalization must be fulfilled.

Stephen Arnold Black agrees with this answer

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