How Long After You Get a Green Card Can You Apply for Citizenship?

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We get this question a lot!

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This is a common question that immigration
lawyers in Orange County hear from permanent residents – how long until you can
apply for U.S. citizenship? While there is a general timeline set out by law,
like so many other immigration matters, there are also many exceptions to the
general rule. Read on for information about waiting times, and contact an
immigration lawyer in Orange County at Brudner Law to discuss your specific
circumstances.

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The General Standard is Five Years

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For most permanent residents, you must live in
the U.S. with a green card for at least five years before you qualify for
possible citizenship. If you were a conditional resident, the two years of
conditional status count toward your five years, as long as you successfully
obtained permanent residency after the two years ended.

Note that you can submit your citizenship
application during the 90 days prior to your five-year anniversary with a green
card. This is to allow for processing time with USCIS, so you can get your
interview and the process underway as soon as possible after five years have
passed.

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Possible Exceptions

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There are cases in which a different time
period may apply for green card holders to qualify for citizenship, including:

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• If you are married to a U.S.
  citizen, you can apply three years from the marriage date (provided you had
  conditional residency or a green card)
• Battered spouses can also use the
  three-year rule even if they ended their marriage to the U.S. citizen due to
  abuse
• Years lived as a refugee prior to
  receiving a green card may count toward the five year-requirement
• One year lived as an asylee may
  count towards the five-year requirement
• If your spouse is a U.S. citizen
  that must work overseas, you may have a shorter time period as long as you meet
  certain criteria

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It is important to note that some factors may
extend the amount of waiting time, which an experienced Orange County
immigration attorney can determine.

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