Citizenship after VAWA: three years or five?
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 under INA 319(a), without having to live in marital union with the citizen. Everyone else, including survivors of a green card holder and self-petitioning parents, uses 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.
This post is dated October 26, 2026. It is for anyone who already holds a green card through VAWA, or expects to, and wants to know when they can become a citizen. The answer depends on one fact: whether the abuser was a U.S. citizen.
The two clocks
| How you became a permanent resident | Clock | Authority |
|---|---|---|
| As the battered spouse or child of a U.S. citizen | 3 years, no marital-union requirement | INA 319(a) (8 U.S.C. 1430(a)) |
| As the battered spouse or child of a green card holder | 5 years | INA 316(a) (8 U.S.C. 1427(a)) |
| As a self-petitioning parent of a U.S. citizen | 5 years | INA 316(a) |
The 3-year rule, INA 319(a)
INA 319(a) lets a person who obtained permanent residence as the battered spouse or child of a U.S. citizen apply after 3 years, without the requirement of living in marital union with the citizen spouse (INA 319(a)). You do not need to stay married to the abuser, or have any contact with them, to use it.
The rule follows the abuser's status, not yours. It covers survivors of a U.S. citizen spouse or parent (INA 319(a); 8 U.S.C. 1430(a)).
The 5-year rule, INA 316(a)
Everyone else uses the general rule. That includes survivors of a green card holder and self-petitioning parents (INA 316(a); 8 U.S.C. 1427(a)). It 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 of residence in the state or USCIS district where you apply; and
- good moral character.
If a green card holder abuser naturalized after you filed your self-petition, your petition converted to the immediate-relative category (INA 204(a)(1)(B)(v)(II)). Whether that changes your naturalization clock depends on how your green card was granted; bring the approval notice and green card to a consultation so we can read them.
N-400 government filing fees, as of October 2026
| Filing | Government filing fee, as of October 2026 |
|---|---|
| Paper filing | $760 |
| Online filing | $710 |
| Paper filing, household income at or below 400% of the federal poverty guidelines | $380 |
| Military applicants under INA 328 or 329 | $0 |
Source: Form G-1055 (ed. 10/16/26), N-400 entry. A fee waiver may be requested on Form I-912 (Form G-1055). Unlike the VAWA I-360, which has no government filing fee (8 C.F.R. 106.2(a)(17)(ii)), the N-400 is not among the forms listed in the VAWA fee exemption at 8 C.F.R. 106.3(b)(6). These are government filing fees, not legal fees. Check uscis.gov/n-400 before you file.
Two things to know before you apply
Confidentiality ends at naturalization
Under USCIS Policy Alert PA-2025-34 (Dec. 22, 2025), USCIS treats the federal confidentiality protection of 8 U.S.C. 1367 as ending at naturalization. That protection also ends when an application is denied and all appeals are exhausted (8 U.S.C. 1367(a)(2)). Think about what that means for your file before you take the oath. See VAWA confidentiality under 8 U.S.C. 1367.
Good moral character is reviewed again
Good moral character is an element of the 5-year rule (INA 316(a)), and the statutory bars are in INA 101(f). If you have been arrested or charged since your green card, including on the abuser's complaint, see arrested or charged and talk to your criminal lawyer before you write anything down or file.
A safe mailing address
Naturalization notices come by mail. Use an address the abuser cannot reach. If you are in danger now, call 911. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788.
We do not publish naturalization wait times; see uscis.gov/processing-times. For a private consultation, call (718) 484-7510.
Read next: citizenship after VAWA, the green card after VAWA, or confidentiality.
Common questions
I got my green card through VAWA against my U.S. citizen spouse. When can I apply for citizenship?
After 3 years as a permanent resident, under INA 319(a), which covers a person who became a permanent resident as the battered spouse or child of a U.S. citizen. You do not have to show you lived in marital union with the citizen.
My abuser was a green card holder. Do I get the 3-year rule?
No. INA 319(a) covers survivors of a U.S. citizen abuser. A survivor of a green card holder uses the general rule in INA 316(a): 5 years of continuous residence after admission as a permanent resident, physical presence for at least half of that time, 3 months in the state or district, and good moral character.
How much is the N-400?
As of October 2026, the N-400 government filing fee is $760 on paper or $710 online, or $380 on paper for household income at or below 400% of the federal poverty guidelines, and $0 for INA 328 or 329 military applicants. A fee waiver may be requested on Form I-912 (Form G-1055, ed. 10/16/26).
The lawyers who will handle your case
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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.