Citizenship after VAWA
If you became a permanent resident as the battered spouse or child of a U.S. citizen, you may apply to naturalize after 3 years, and you do not have to have stayed married to the abuser or lived with them. INA 319(a) says so. Other survivors, including survivors of a permanent resident abuser and abused parents, use the general 5-year rule in INA 316(a).
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Citizenship is the last step, and for many survivors the one that finally closes the door the abuser held open: no more renewals, no more fear of a status the abuser once controlled. This page explains the special timeline for VAWA survivors and what to check before you file. It is part of the guide to your green card after VAWA.
The three-year rule in INA 319(a)
INA 319(a) allows a person who obtained permanent residence as the battered spouse or child of a U.S. citizen to naturalize after 3 years as a permanent resident. It does so without the marital-union requirement. You do not need to be married to the abuser, living with the abuser, or in contact with the abuser.
| How you became a resident | Naturalization timeline | Authority |
|---|---|---|
| As the battered spouse or child of a U.S. citizen | After 3 years, no marital-union requirement | INA 319(a) |
| As the abused spouse or child of a permanent resident | The general rule: after 5 years | INA 316(a) |
| As an abused parent, or through another path | The general rule: after 5 years | INA 316(a) |
The general rule in INA 316(a) (8 U.S.C. 1427(a)) asks for 5 years of continuous residence after admission as a permanent resident, physical presence in the United States for at least half of that time, 3 months in the state or USCIS district where you apply, and good moral character. INA 319(a) (8 U.S.C. 1430(a)) shortens the residence period to 3 years for a person who became a permanent resident as the battered spouse or child of a U.S. citizen. As of October 2026.
What to check before you file
- The date on your card. Bring the card; the "resident since" date matters to the count. If your abuser naturalized while your F2A petition was pending, your petition converted to the immediate-relative category (INA 204(a)(1)(B)(v)); bring every notice so we can see how you were classified.
- Every arrest, charge and citation. Including dismissed ones and ones that came from the abuser's complaint. Talk to your criminal lawyer before you write anything down, and read arrested or charged.
- Every trip abroad. Dates out and dates in, as close as you can get them.
- How your green card was obtained. If a waiver was part of it, bring the approval. See waivers.
- A safe address. Naturalization notices are mailed like any other. See the safe filing checklist.
Your file and naturalization
The government may not disclose information about a VAWA applicant to anyone, with limited exceptions (8 U.S.C. 1367(a)(2), (b)). Under USCIS Policy Alert PA-2025-34 (December 22, 2025), USCIS treats 1367 protection as ending at naturalization. The abuser has no role in your naturalization case and is not contacted by us. Read confidentiality.
The application and the fee
The application for naturalization is Form N-400. The Form N-400 page on uscis.gov has the current edition and instructions. As of October 2026, Form G-1055 (edition 10/16/26) lists these N-400 amounts:
- $760 government filing fee, paper filing;
- $710 government filing fee, online filing;
- $380 government filing fee, paper only, for household income at or below 400% of the federal poverty guidelines;
- $0 for military applicants under INA 328 or 329;
- a fee waiver may be requested on Form I-912.
The USCIS filing fee page is the authority; check it before filing, because fees change. Any government filing fee is separate from our legal fee. USCIS posts its processing times at uscis.gov/processing-times.
Your children
Children who received green cards through your petition have their own path to citizenship, which depends on their age and how they were included. We review each child at the consultation. See children on your petition.
Read next: your green card after VAWA, divorce, remarriage and your case, arrested or charged, or confidentiality.
Common questions
Is there a shorter wait to apply for citizenship after VAWA?
Yes, if you became a permanent resident as the battered spouse or child of a U.S. citizen. INA 319(a) lets that person naturalize after 3 years, without the marital-union requirement. If your abuser was a permanent resident, or you self-petitioned as a parent, the general rule in INA 316(a) applies: 5 years of continuous residence after admission as a permanent resident (as of October 2026).
Do I need to still be married to the abuser to use the three-year rule?
No. The point of the VAWA rule in INA 319(a) is that it applies without the marital-union requirement. You do not need to be married to, or living with, the abuser when you apply.
Will the naturalization officer ask about my arrest?
Expect every arrest and charge to come up, including ones that were dismissed and ones the abuser caused. Before you file, talk to your criminal lawyer and let us read the records. Our page on arrests explains what to do first.
What does the naturalization application cost?
As of October 2026, Form G-1055 lists the Form N-400 government filing fee as $760 on paper or $710 online; $380 (paper only) for household income at or below 400% of the federal poverty guidelines; and $0 for military applicants under INA 328 or 329. A fee waiver may be requested on Form I-912. Any government filing fee is separate from our legal fee.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.