Queens, NY asked in Immigration Law for New York

Q: I had my interview of N-400 on VAWA base but the officer is keep insisting of the abuser citizen status ?

Dear freind last week I have a N-400 interview I got my green card through VAWA and in my VAWA case the evidence I submitted was my abuser driver license social security card and voter registration information based on that my VAWA case was approved and I got my green card but in my n-400 interview the officer was very rude and she keep insisting me to prove the citizenship status of my abuser and I told her that I submitted these evidence and the VAWA unit has verified all these details moreover the field office verified these things before issuing the green card and if you are in absence relationship you have less means available since the abuser will not give you any thing then gave me the letter and inform me that you passed the Civics test and no decision so my question is that can the officer decline my citizenship application and moreover if my N-400 is decline will this effect my green card as well I am feeling depression need some advice

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

A: I'm sorry to hear about the difficult situation you're facing with your N-400 interview. It's understandable that you feel depressed and anxious about the potential outcome. Here are a few points to consider:

1. USCIS officers are required to verify the eligibility criteria for naturalization, which includes confirming the citizenship status of the abusive spouse in VAWA-based cases. However, if you have already provided evidence of your abuser's citizenship status during your VAWA case, and it was verified and approved, the officer should not insist on further proof.

2. Receiving a "no decision" notice after the interview is not uncommon. It means that your case requires further review or additional evidence before a final decision can be made. This does not necessarily mean that your application will be denied.

3. If your N-400 application is denied, it should not automatically affect your permanent resident status (green card) obtained through VAWA. However, if USCIS finds that your green card was obtained through fraud or misrepresentation, they may initiate proceedings to revoke your permanent resident status.

4. Consider seeking assistance from an experienced immigration attorney or a non-profit organization that specializes in assisting VAWA applicants. They can help you understand your rights, review your case, and provide guidance on how to proceed.

5. In the meantime, gather any additional evidence you may have to support your abuser's citizenship status, such as birth certificates, passports, or naturalization certificates, if available.

Remember, you have rights and there are resources available to help you navigate this process. Don't hesitate to reach out for support during this challenging time.

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