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

Published on
April 9, 2019
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    We get this question a lot!

    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.

    The General Standard is Five Years

    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.

    Possible Exceptions

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

    • 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

    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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