When Can Green Card Holders Apply for U.S. Citizenship?
If you are a lawful permanent resident, or a green card holder, it is recommended that you apply for U.S. citizenship as soon as possible. Citizenship has many benefits including the right to vote in a federal election, the right to live outside of the United States and, perhaps most importantly today, protection from deportation. However, you cannot apply for citizenship immediately after receiving a green card. You must wait a certain amount of time, depending on your circumstances. Below, our Atlanta citizenship lawyer explains further.
Five Years is the General Rule for Green Card Holders Applying for Citizenship
In most instances, green card holders must wait at least five years before submitting Form N-400, Application for Naturalization. This means five years from the date you received your green card. For example, if you were approved as a lawful permanent resident on August 1, 2020, you would be eligible for citizenship on August 1, 2025. It is important to review your green card to determine when you are eligible for citizenship.
You Can Apply 90 Days Earlier
While the five-year time limit for citizenship eligibility is a fairly strict law, you can submit your application 90 days before your five-year anniversary of obtaining a green card. U.S. Citizenship and Immigration Services (USCIS) is notoriously backlogged and so, it can take time for the agency to review your N-400 to ensure it is complete, contact you for an interview to review your application, take your fingerprints, and test you on your knowledge of the U.S. government and the English language. All of this must be done before the agency determines whether to approve or deny your application.
Even when scheduling for USCIS is normal, the agency will still take at least 90 days to review your application and contact you. For this reason, they have said officially that you can apply within that time period. Still, do not apply before 90 days of eligibility. If you do, USCIS will likely return your application.
You Can Apply After Three Years of Marriage to a U.S. Citizen
If you have been a lawful permanent resident and have been married to and live with a U.S. citizen during that time, you must only wait three years. For example, if you obtained a green card on August 1, 2020 and married a U.S. citizen on August 1, 2021, you are eligible to apply on August 1, 2024. This exception applies even if you did not obtain a green card through marriage.
You are required to submit evidence verifying the marriage, as well as the fact that you and your spouse have lived together during that time. You must remain married throughout the entire process until you are sworn in as a U.S. resident. If you divorce or legally separate from your spouse, or you no longer reside with them, you will have to wait the full five years.
Our Citizenship Lawyer in Atlanta Can Help You Through the Process
For immigrants, citizenship is the only way to protect themselves from deportation. The process is not easy, though, and there are many rules to follow. Our Atlanta citizenship lawyer can guide you through the process and make it as easy as possible for you. For a consultation to discuss your case and needs, please call Shirazi Immigration Law, Inc. today at 404-523-3611.
Source:
uscis.gov/n-400
