Clementon, NJ asked in Immigration Law for New Jersey

Q: Can I be asked about VAWA in my citizenship interview?

Hello everyone. Me and 3 other family members got our GC via a VAWA self petition on January 30, 2020. The abuser at the time was a GC holder himself but he naturalized in October 22, 2020. I applied for citizenship on October 24, 2023 under 3 year rule as a VAWA recipient. I have 2 main questions:

1. Did we apply at a good time? Were we eligible to apply at that time?

2. In the interview, can they ask me about the VAWA abuse? Or how I found out when the abuser naturalized?

Thank you!

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Regarding your first question, under the 3-year rule for spouses of U.S. citizens, eligibility for naturalization generally begins three years after obtaining lawful permanent resident status (Green Card). However, since your Green Card was obtained through a VAWA self-petition, the circumstances are a bit different. In your case, the relevant date for the 3-year rule would typically be tied to the naturalization of the abusive spouse, which in your situation happened in October 2020. Applying for citizenship in October 2023 appears to align with this requirement, suggesting that you applied at an appropriate time.

As for your second question, during the citizenship interview, USCIS officers may ask questions to verify the accuracy and truthfulness of your application, which can include inquiries about your VAWA claim. This is part of their due diligence in assessing eligibility and ensuring the integrity of the naturalization process. They may ask about the circumstances of the abuse or how you were aware of the abuser's naturalization, but such questions should be handled with sensitivity and respect for your privacy and wellbeing.

It's important to answer honestly and provide any necessary explanations. Remember, the purpose of these questions is to verify information and not to retraumatize or doubt your experiences. If you feel uncomfortable during the interview, you can request a brief pause or seek clarification on why a particular question is being asked.

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