Posted on February 29, 2008 by Robert A. Kraft

Naturalization And Marriage To A U.S. Citizen

Generally, Lawful Permanent Residents (LPR’s) may be eligible for naturalization upon meeting the naturalization criteria. In order to qualify, an individual must satisfy the following:

1. Must be an LPR;
2. Must be over 18 years of age;
3. After becoming an LPR, must have continuously resided in the U.S. for five years;
4. Must maintain residence for three months in the state where the application is filed;
5. Must have basic English language skills and knowledge of U.S. history and government.

If an LPR does not want to wait five years to apply for naturalization, the LPR may apply for naturalization after three years if he or she is married to a U.S. citizen. If the LPR is married to a U.S. citizen, the continuous residence requirement is three years only if the U.S. citizen spouse has been a citizen for three years and the parties have been married for three years and continue to be married at the time of naturalization. An LPR need not be living with the U.S. citizen spouse after filing the naturalization application, but must continue to be married at the time of naturalization.

Although the continuous residence requirement may be changed from five years to three years (if married to a U.S. citizen), the other requirements must still be met to qualify for naturalization.

If you want to learn more about naturalization and the continuous residence requirement based on marriage to a U.S. citizen, please call us at 214-999-9999.

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Posted on December 20, 2007 by Robert A. Kraft

Battered Spouse, Parent, Or Child - Steps Towards A Successful VAWA Petition

A spouse, child or parent who has been subject to extreme cruelty or battery by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may file a Violence Against Women Act (VAWA) self-petition. VAWA petitions are available to the victims of domestic violence and may be either male or female victims. In order to qualify, a victim of domestic violence has to meet several requirements. The self-petitioner must establish that he or she is the spouse of a U.S. citizen or LPR; resides in the United States when the self-petition is filed; resided with the abuser in the United States in the past; has been battered or subject to extreme cruelty by the Citizen or LPR spouse during the marriage; is a person of good moral character; is a person whose deportation would result in extreme hardship to himself, herself, or his or her child; and the victim entered into a good faith marriage with the Citizen or LPR.

Before filing a VAWA case, evidence must be gathered to establish the above-mentioned requirements. For example, the petition must be accompanied by evidence of the marriage relationship, such as a marriage certificate. To satisfy the requirement that the abusive spouse or parent is a U.S. Citizen or LPR, a copy of their birth certificate or resident card should be provided. With respect to providing evidence of the abuse, the victim may include police reports, temporary restraining orders, affidavits from police and judges, medical reports, and letters from doctors. To satisfy a good faith marriage requirement and the requirement that the self-petitioner resided with the abuser, the self-petitioner must submit documentary proof which includes, but is not limited to, joint accounts, credit card bills evidencing both names, apartment leases, driver's licenses showing the same address of both, insurance records held in both names, federal tax returns filed jointly, and birth certificates of children.  In order to show that the victim is a person of good moral character, the self-petition should provide an affidavit from the self-petitioner, accompanied by a local police clearance, and letters from individuals. Evidence of extreme hardship includes affidavits, birth certificates of children, etc.

Once the VAWA petition is approved, the next step will be to proceed with obtaining permanent resident status based on the approved self-petition. Please contact us if you have been or are subject to abuse by a U.S. citizen or LPR spouse, or parent.

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