Bradenton, FL asked in Domestic Violence and Immigration Law for Florida

Q: I have my citizenship interview scheduled for November, and I am going through domestic violence situations at home.

I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I would like to know about my immigration process. I have two cases pending, I-751 and N-400 (interview scheduled for November 2, 2021).

I appreciate any help.

3 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Criminal Law Lawyer
  • Wheeling, IL

A: Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.

At that time you will be able to correctly calibrate your legal standing, options and any remedial or additional actions you must do.

Linda Liang agrees with this answer

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: First: Your safety and the safety of your child is more important than getting your NATZ sooner rather than later. If you are being abused leave the situation.

Because you have not had your conditions removed you will need to amend your I-751 to a waiver of the joint filing requirement before you can file for Naturalization.

If you marriage is not in good standing you do not qualify to file for NATZ under the 3 year rule and you are required to wait 5 years.

If is very likely that when you attend an interview with the USCIS that they will have a record of any police reports you have filed. This will be an alarm that your marriage is in fact not viable

Linda Liang agrees with this answer

Linda Liang
Linda Liang
PREMIUM
Answered
  • Immigration Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: If you get a divorce during this time, you will have to wait five years instead of three to file for citizenship. After five years, divorce does not affect your eligibility because eligibility does not depend on marriage. The USCIS will not automatically assume that divorce equals a false marriage.

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