Early U.S. Citizenship for Abused Spouse
Amanda suffered a significant amount of physical, financial and psychological abuse from her U.S. citizen husband. Her husband shoved her when she was pregnant which led to the miscarriage of their first child, subjected her constantly yelling at and criticizing her, destroyed her property, and throwing things at her in public, humiliating her in private and in public, all causing her pain and embarrassment. He slept with at least one other woman after she became pregnant and after the birth of their child, causing her humiliation and pain. She was diagnosed with Adjustment disorder with Chronic Anxiety and Depressed Mood and suffered from dangerous asthma-induced panic attacks during the worst moments of the abuse.
Our solution:Amanda came to Heather for help when her husband disappeared and Amanda was out of status with no immigration papers filed by her husband. Heather obtained her green card based on VAWA in June 200. Three years later, Heather applied for Amanda?s citizenship despite Amanda now separated and divorced from her husband.
Challenges Solutions: Heather faced numerous challenges with immigration with Amanda?s citizenship case. She argued that Amanda had good moral character despite a DUI conviction and argued that she was rehabilitated. CIS tried to deny Amanda?s naturalization case, saying she wasn?t eligible to apply for naturalization at three years as opposed to five years in LPR status, because she had remarried after her divorce to her abusive husband. Heather successfully argued against this false legal conclusion and Amanda?s naturalization case was approved six months after filing.
Timing: Her green card took 11 months; her naturalization case took 6 months.
Amanda writes of Heather’s representation:
“Heather…thank you sooo much for everything you’ve done for me. Thank you for helping me get my green card and especially my citizenship! It was amazing everything I went thru?am soo happy today, have a beautiful family with a wonderful American husband!! thank u again!!! Had the loooong ceremony last week and am happy getting my U.S. passport this week. Thank u for being soo great on what u do! u r wonderful!!!!”
“I loved having Heather on my case…great and responsible, professional…excellent!”
DV, San Diego, CA
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