Going from a green card to US citizenship (“green card citizenship”) is ultimately the goal of many permanent residents and soon-to-be permanent residents in the United States. Show
If you are a permanent resident and married to and living with a U.S. citizen, you may be eligible to apply to go from a green card to US citizenship within 3 years of being a permanent resident (this includes the time you were a “conditional permanent residence”). Let’s have a look at some of the common items related to the “green card citizenship” process when married to and living with a U.S. citizen. If you are a permanent resident (aka green card holder), you can become a U.S. citizen through the naturalization process if you meet the following requirements:
Continuous Residence RequirementIf you are the spouse of a U.S. citizen, you can naturalize 3 years after becoming a permanent resident if you have been married to and living with your U.S. citizen spouse for the entire 3 years. If this is not the case, then you will have to wait 5 years until applying for citizenship. Continuous residence doesn’t mean that you have been in the U.S. the entire time without leaving, but it does mean that during the statutory period (3 years or 5 years) the following were true:
Scenarios that are acceptable in breaking the Continuous Residence RequirementThe following are scenarios where it may be acceptable to have been outside of the U.S. for 1 year or more:
Physical Presence RequirementTo meet the naturalization requirements, you must have been physically present in the U.S. for at least half of the statutory period. That means if your statutory period is 3 years or 1,095 days, you must have been present in the U.S. for at least 1.5 years or 548 days (913 days if your statutory period is 5 years or 1,825 days). There is no flexibility in this requirement. Good Moral Character RequirementThis can be ambiguous, as there is no black and white definition, aside from what has been established through case law. Generally speaking, minor offenses, such as parking and speeding tickets, disorderly conduct convictions, open container violations, and other similar matters will usually not prevent one from naturalizing. However, repeated minor violations could put one’s moral character in jeopardy. Some items that will put your moral character in jeopardy are as follows:
Civic Knowledge RequirementTo successfully naturalize as a U.S. citizen, you must have a basic understanding of U.S. history and government, aka “civics”. In furtherance of this requirement, you must answer 10 questions correctly from a list of 100 provided by USCIS. Applicants who are 65 years of age or older and have been permanent residents for at least 20 years at the time of application submission need to answer 10 questions correctly from a list of 25. English Language RequirementEach applicant must pass an English requirement where the applicant will be required to display a basic knowledge of English through a speaking, reading, and writing test. If an applicant is 50 or older and has been a permanent resident for 20 years they will be exempt from this requirement. The same exemption applies to an applicant who is 55 or older and has been a permanent resident for 15 years. Naturalization Red FlagsThe following are “RED FLAGS” for a naturalization application:
Naturalization FeesThe current USCIS fee for a naturalization application is a total of $725, which is comprised of $640 for the application filing fee and $85 for the biometrics fee. Lightman Law Firm charges a flat legal fee for full representation throughout the naturalization process. Our flat legal fee varies depending on the details of the case. Contact us to discuss your case and we will be able to provide you with a flat fee quote. When can you submit your application to go from a green card to citizenship?The first thing to understand is that your status as a “permanent resident” begins when you are approved for a green card even if that green card is a “conditional” green card (aka “2-year” green card). You should keep that in mind when calculating when your status as a permanent resident (aka green card holder) began and when you will be eligible to file your naturalization application. If you have been married to and living with a U.S. citizen since becoming a permanent resident, you will be eligible to file an application for naturalization within 3 years of being approved as a permanent resident assuming you meet all other requirements. If you have not been married to or living with a U.S. citizen for the 3 year period, then you will be eligible to apply for naturalization within 5 years of being approved as a permanent resident. A naturalization application may actually be submitted within 3 months of the 3-year or 5-year eligibility anniversary. Can a green card holder apply for citizenship after 3 years?You may file Form N-400 ninety (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 5 years; or • Permanent resident for at least 3 years if you are married to a U.S. citizen.
How long do you have to be married to a U.S. citizen to become a citizen?The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application.
When can green card holder apply for US citizenship?To become a U.S. citizen, you must: Have had a Permanent Resident (Green) Card for at least five years, or for at least three years if you're filing as the spouse of a U.S. citizen.
Can a green card holder apply for citizenship before 5 years?You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.
|