Applying for U.S. Citizenship: Eligibility and Timing for Green Card Holders
Are you a legal permanent resident of the United States through a marriage to a U.S. citizen? Have you been living with your spouse for 5 years but only received your green card a few years later? You might be wondering about your eligibility for applying for U.S. citizenship. Here’s what you need to know.
Eligibility for Citizenship
The U.S. has specific requirements for individuals who wish to become a naturalized citizen. Typically, you must have been a legal permanent resident for at least 5 years before applying. However, if you are married to a U.S. citizen, this requirement can be shortened. After 3 years of being a legal permanent resident, if married to and living in marital union with a U.S. citizen for at least 3 years, you may apply for citizenship. It’s important to note that the time as a permanent resident is counted from the date you became a legal resident, not from the date you were married.
Specific Scenario: After 3 Years with Green Card
Yes, you are eligible to apply for U.S. citizenship if you have been a legal permanent resident for at least 3 years and have been married to and living in marital union with the same U.S. citizen for at least 3 years. Your spouse must also be a U.S. citizen for at least 3 years. The fact that you immigrated through a different category (such as family sponsorship or employment) is irrelevant.
Timing and Considerations
It’s crucial to consult with an experienced immigration lawyer if you have any questions or uncertainty about your eligibility. For instance, if you applied for a green card just a couple of years ago, you should have applied for a 10-year green card, as the provisional 2-year green card is only for new marriages. It’s imperative to seek professional advice to ensure you meet all the necessary requirements.
FAQ: Green Card Holders Applying for Citizenship
Q: I have been married to an American citizen for 5 years but I only have my green card for 2 years as I applied for it a lot later. Can I apply for my American citizenship?
A: No, you need to wait for 9 more months. According to U.S. law, your green card must be approved before you can start the citizenship application process. For individuals who are married to a U.S. citizen, the wait time is 3 years less 3 months instead of the usual 5 years less 3 months. Once your green card is approved, you can begin the citizenship process.
Tip: Always consult with an immigration attorney to ensure your application process is seamless and you meet all the necessary requirements. Many large metropolitan areas with significant immigrant communities have local immigration assistance groups that can provide valuable support.
Additional Information: Living under spousal status is essential. You must have been continuously living in the U.S. in that status for at least 3 years before applying for citizenship. The green card is neither necessary nor sufficient for this requirement, although it simplifies traveling outside the country.