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Laws current as of May 29, 2024

If the battered spouse or child waiver is approved, how soon can I apply for citizenship?

You can apply for citizenship once you have been a permanent resident for a total of three years if your abusive spouse or parent is a U.S. citizen, or five years if your abusive spouse is a lawful permanent resident.1 The three- or five-year period includes the time when you were a conditional permanent resident. Depending on when you file your battered spouse or child waiver and how long your case is pending, you may be eligible to apply for citizenship once the waiver is approved or even before then.2

1 8 USC § 1186a(e), INA § 216(e)
2 See USCIS Interoffice memorandum, 1/27/05