When can you apply for citizenship after permanent residency

The United States Citizenship and Immigration Services (USCIS), a section of the Department of Homeland Security (DHS), is responsible for the qualifications and determination of eligibility to become a naturalized as a U.S. citizen. The Immigration and Nationality Act (INA) is the federal law that defines U.S. immigration policy and citizenship and naturalization eligibility. If you are a U.S. legal permanent resident (LPR) – you have a green card –  and you want to become a citizen, you cannot apply for U.S. citizenship to become naturalized until you have lived in the United States for at least five years as a legal permanent resident.

If you are married to a U.S. citizen that statutory as a legal permanent resident may be reduced to three years. In order for this exception to apply, you must be a legal permanent resident that was married to a U.S. citizen during that three-year period.

If you are a conditional resident, not a permanent resident, due to a recent marriage to a U.S. citizen or through a business investor visa, your two years as a conditional resident count towards your total time as a permanent residence. Generally, you must remove your conditions prior to USCIS granting your naturalization application.

Qualifications to Become a U.S. Citizen

In addition to being a legal permanent resident for 5 years, to become a naturalized American citizen you must meet the following requirements.

Residency Requirements

• • You must have lived in the state or USCIS district where you will be applying for citizenship for at least 3 months.
• • You must prove continuous residence in the U.S. for the previous 5 years.
• • You must have been physically present in the U.S. for at least 30 months out of those five years.

Eligibility Qualifications

• • Applicants must be able to speak, read, and write the English language at a basic level, and
• • Applicants must be able to demonstrate knowledge of U.S. history and government by taking a naturalization test.
• • Applicants must be of good moral character and support the beliefs and values expressed in the U.S. Constitution.

There are other exceptions to the residency requirements and other citizenship qualifications; an experienced immigration and naturalization lawyer can assess your case and provide personal advice or assistance with the application process.

The attorneys at Godoy Law Office work with you to evaluate your immigration status and guide you in your journey to becoming a US citizen. If you need help with an immigration issue, please contact our office online.

For some people who hold a green card (lawful permanent residence), it's possible to apply for naturalized U.S. citizenship after three years rather than the usual five. This article will take a closer look at who might be eligible for this.

by , California Attorney

You might have heard that, for some people who hold a green card (lawful permanent residence), it's possible to apply for naturalized U.S. citizenship after three years rather than the usual five. This article will take a closer look at who might be eligible for this.

Exceptions Allowing Citizenship After Fewer Than Five Years

Again, most lawful permanent residents must wait a full five years before applying for U.S. citizenship. Here are the main exceptions.

• If you are married to a U.S. citizen, you might qualify to apply for naturalization after three years. This assumes the following: you are currently married to and living with a U.S. citizen; you have been not only married to but also living with that same U.S. citizen for the past three years; and your spouse has, in fact, been a U.S. citizen for those past three years.
• If you are an asylee, then you must wait four years after your approval for U.S. permanent residence (because your year as an asylee counts; in fact, you will notice that your green card is already back-dated one year).
• If you are a refugee, you must wait five years from your date of U.S. entry, because all your time as a refugee in the U.S. counts toward permanent residence. You are expected to apply for a green card one year after entering the U.S. as a refugee, but even if you wait longer, your time in refugee status will count as if it were lawful permanent resident status.
• If you are a current or former military member or spouse of a military members who died during active duty in the U.S. Armed Forces, other special rules apply, which are beyond the scope of this article. See How to Get U.S. Citizenship Through Military Service.

Your permanent residency begins on the date you were granted your permanent residence status. Look at your permanent residence card. It will state the date.

How Continuous U.S. Residence Requirement Might Affect Counting Your Years as a Permanent Resident

Special rules apply if you have taken long trips outside of the United States; that is, trips of six months or longer. You might have thus disrupted your "continuous residence" (unless you can prove otherwise), and you will not be eligible for naturalization without waiting longer to apply.

There are, however, exceptions to this rule, which are beyond the scope of this article. If this is your situation, you might still be eligible to successfully apply for naturalization at a later time. Speak to an immigration attorney to review the facts and circumstances of your case.

How U.S. Physical Presence Requirement Might Affect Counting Your Years as a Permanent Resident

If your application is based on being a permanent resident for three years, then you must prove that you were physically present in the U.S. for 18 months within that three-year time period before applying for naturalization.

If your application is based on being a permanent resident for five years, then you must prove that you were physically present in the United States for 30 months within the five-year time period before applying for naturalization.

You must also have resided in the USCIS district or state in which you are applying for citizenship for the last three months before submitting your naturalization application. Students may apply in the district either where they go to school or where their family lives (as long as they are still financially dependent on their parents).

According to USCIS, you may file for your naturalization 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a permanent resident for at least five years; or a permanent resident for at least three years, if married to a U.S. citizen. (Again, note that you need to have lived with your spouse in the United States for three full years before applying for naturalization under the three-year exception.)

There are many other eligibility requirements that you must satisfy, besides those listed above, in order to qualify to become a naturalized United States citizen. (See 8 U.S.C. § 1427.) As you can not only be denied your citizenship but also lose your permanent residency should problems arise in your case, it is always a good idea to consult with a lawyer before applying for naturalization.

When can a permanent resident apply for citizenship?

Can I apply for citizenship after 2 years of PR?

Can a green card holder apply for citizenship after 3 years?

How long after PR can you apply for Australian citizenship?