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If I file for VAWA based on abuse by a green card holder, and we divorce, then he gets citizenship, can I also adjust status?

San Jose, CA |

I know that I can file for VAWA after divorcing if I file it in 2 years, but if my spouse abused me while he had a green card, I can't adjust status right away. But what if he becomes a citizen later after we divorce and while my case is still being processed? Can I adjust status, or do I have to wait for a few years before filing to adjust status?

Attorney Answers 4


  1. Of the top of my head, I do believe you can utilize his naturalizaton to your advantage and file for adjustment of status once your vawa is approved but let the other colleagues also provide tneir input before you move forward. Good luck.


  2. It sounds like a far reaching plan to me.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. A very elaborate and calculating plan. Will it work? There is only one way to find out..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. USC spouses who adjust under VAWA can apply under 3-year rule.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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