Can a Green Card Holder Apply for Citizenship Before 5 Years?

The process of becoming a U.S. citizen from a green card holder can be a long one, but there are certain scenarios where one can apply for citizenship before completing the required five-year waiting period. This article explains the eligibility requirements and provides guidance on when a green card holder can start the application process.

Understanding the USCIS Rules on Citizenship Application

According to U.S. Citizenship and Immigration Services (USCIS) rules, a green card holder can start the citizenship application process before completing the 5-year period. Generally, the Nonimmigrant Visa Electronic Application (NVEA) or the USCIS Citizenship Application (N-400) is filed when you meet the necessary eligibility criteria.

90 Calendar Days Before Completion of 5 Years

The easiest way to determine your eligibility is by using the USCIS Early Filing Calculator. This tool provides instant results and simplifies the process by indicating whether you are eligible to file the N-400 application before your 5-year waiting period expires. For those with a green card through marriage to a U.S. citizen, the waiting period is reduced to 3 years, and you can apply 90 calendar days before the end of this period.

Specific Scenarios for Early Citizenship Application

There are several exceptions to the five-year waiting period, which allow for earlier application for citizenship. These scenarios include:

Marriage to a U.S. Citizen: If you obtained your green card through marriage to a U.S. citizen, you can apply for citizenship after just 3 years of lawful permanent residency. Refugee or Asylee: If you were granted refugee or asylee status, you can apply for citizenship after 1 year of lawful permanent residency. Reservist: If you served in the U.S. military in a reserve capacity, you may be eligible to apply for citizenship after 1 year of lawful permanent residency.

It is important to note that while these scenarios allow for earlier application, you still need to meet all other eligibility criteria, including good moral character and having maintained continuous residence in the United States.

Eligibility and Exceptions Summary

In summary, a green card holder who has lived in the United States for 5 years can apply for citizenship 90 calendar days before the 5-year mark unless one of the following exceptions applies:

Citizenship through marriage to a U.S. citizen: 90 calendar days before 3 years of residency. Reservist: 90 days before 1 year of residency. Refugee or asylee: 90 days before 1 year of residency.

For a more detailed understanding of the exceptions and other eligibility requirements, it is recommended to refer to the Nolo article on when you can apply for U.S. citizenship.

Conclusion

The process of becoming a U.S. citizen from a green card holder is complex and depends on various factors, including the type of green card and the length of lawful permanent residency. By understanding the USCIS rules and the exceptions, a green card holder can apply for citizenship at the right time and ensure a smoother path to U.S. citizenship.