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How to upgrade pending adjustment of status to immediate relative category based on approved Vawa?

Seattle, WA |

I just found out that my ex husband is a registered voter in my states which implies that he received his citizenship. Based on the laws, if he receives his citizenship my case also should be upgraded to the immediate relative category. Would it be sufficient proof of his citizenship that he appears to be a registered voter? Obviously, I can't and won't ask him for his naturalization certificate. How should I proceed? Do I have to notify the Vermont Service Center where my original application went or the local office?
Any input would be appreciated.

Attorney Answers 3


You need to send a letter to the service center where your petition is pending and include proof of your husband's citizenship. Proof of voter registration would probably not be enough, but you can try. If you send in proof of voter registration and it turns out your husband is not a citizen yet, you could be getting him into a lot of trouble, however.

Information provided in this answer is for general informational purpose only. Legal advice changes for each specific case, and it is impossible to give accurate advice without having a consultation and examining all relevant documents. Additionally, no attorney-client relationship is created until a consultation has taken place and an agreement between us has been met regarding terms of representation, if any.

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If he is your ex-husband, then you no longer can immigrate through him.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Since you are in receipt of an approved VAWA petition (form I-360) and are divorced, your ex-husband's potential status as a United States citizen is not relevant to your case.

Choquette Law Group at 206.269.1200 or The statement above is general information only. It does not constitute legal advice and does not create an attorney/client relationship. In order to receive legal advice you will need to provide all information relevant to your case and receive a scheduled free consultation.

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What about INA §204 (a)(1)(B)(v)(II)? "Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even if the acquisition of citizenship occurs after divorce or termination of parental rights."

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