Perhaps, you recently have gotten your U. S. permanent residency status which is also known as a green card and you might be contemplating the next steps of becoming a citizen which has a lot of benefits like being protected from deportation, right to vote in elections and the privilege of sponsoring more family members to immigrate but there is a wait time before Applying for U.S. Citizenship and we will explain in this guide.
Eligibility to Applying for U.S. Citizenship
The general rule is that you must wait at least five years from the day you got your green card before you can fill out Form N-400, the application for U.S. citizenship, It’s important to mark the exact date you got it because that’s how they count the duration.
Exception for Conditional Residents
If you started in the U.S. with conditional residency instead of permanent residency, you can count your two years as a conditional resident toward the required five years. But here’s the catch: you’ve got to successfully transition to permanent residency at the end of those two years.
Several exceptions can shorten the waiting time, and we’ll get into those exceptions soon. Just know that these exceptions mainly apply to civilians. If you or your family member is in the U.S. Armed Forces, there are specific rules that might apply, which we talk about in our article on U.S. Citizenship Application Rights for Military Members and Veterans.
90-Days Early Application Rule for Submitting N-400
Even though you’ve got to wait five years, you’re allowed to send in your citizenship application (Form N-400) to U.S. Citizenship and Immigration Services (USCIS) within the 90 days leading up to your fifth anniversary. This rule is because of how long it takes USCIS to process Form N-400, including scheduling fingerprinting appointments and interviews. In practice, it usually takes USCIS at least 90 days to call you in for your interview, so it’s safe to apply within that time frame.
But whatever you do, don’t apply earlier than 90 days before you’re eligible, or USCIS will send your application back. If you need help figuring out the exact date you can apply, USCIS has an Early Filing Calculator to assist you.
Exception to Five-Year Rule for People Married to a U.S. Citizen
If you’re a permanent or conditional resident and you’ve been married to a U.S. citizen while living together for the three years before your application, you get an exception to the standard five-year rule. This means you can apply for citizenship after just three years of permanent residency.
This exception is under the Immigration and Nationality Act (I.N.A.) Section 319(a) or 8 U.S.C. Section 1430(a). To qualify for this exception, you’ve got to show evidence of your eligibility when you apply for citizenship. And here’s the thing—it applies even if you didn’t get your green card through marriage to a U.S. citizen.
Note: you’ve got to stay married to your U.S. citizen spouse through the whole naturalization process, including the citizenship interview and oath ceremony. If you split up or get divorced before you become a citizen, you’ll lose this exception. And if your spouse passes away before your naturalization interview, you won’t get the benefit of this exception.
Exception to Five-Year Rule for Battered Spouses of a U.S. Citizen
To protect people in abusive marriages, Congress made an exception for those who got their green cards through marriage to a U.S. citizen because of abuse. Under this exception, these folks can apply for U.S. citizenship after three years of permanent residency. In addition, Kids who are also eligible for citizenship can use this exception too, as long as they turn 18 before they apply.
Partial Exception to Five-Year Rule for Refugees
Refugees who became permanent residents in the U.S. get a partial exception to the five-year naturalization rule. For refugees who got their refugee status while in another country, the day they entered the U.S. marks the start of their permanent residency. It doesn’t matter how many years they spent as refugees before getting permanent residency—all those years count toward their eligibility for citizenship.
This exception also applies to folks who got their green cards through the Liberian Refugee Immigration Fairness Act (LRIF). To see if you’re eligible, check the date USCIS put on your green card, which is usually the date you arrived in the U.S. or the date your adjustment of status application (Form I-485) was received.
Partial Exception to Five-Year Rule for Asylees
Asylees who got their green cards because of their asylum status get a partial exception to the five-year naturalization rule. While one year of their time as asylees counts toward permanent residency, any extra time they spend after getting asylum doesn’t count.
Plus, asylees have to wait a full four years from the date their green card got approved to apply for citizenship. That includes the extra year added to their green card because of their asylum status.
Exception to Five-Year Rule for Spouses of U.S. Citizens in Certain Overseas Jobs
If your spouse’s job means you both have to live abroad, you might get an exception to the five-year permanent residency rule. Under this rule, you can apply for citizenship as soon as you get your green card, as long as you agree to come back to the U.S. for the application process.
But there are specific criteria you’ve got to meet to use this rule. You’ve got to be regularly stationed abroad because of your spouse’s job, say you plan to live in the U.S. after your spouse’s overseas job ends, and make sure your spouse’s employer fits certain categories, like the U.S. government, U.S. research institutions, U.S. corporations that do foreign trade, international organizations with U.S. ties, or U.S. religious groups with certain roles.
Other Requirements for Citizenship Might Make You Wait Even Longer
Even if you’ve met the five-year permanent residency requirement, other things can affect when you should apply for citizenship:
Physical Presence:
For most folks, at least half of the required years as a permanent resident have to be spent physically in the U.S. Being away from the U.S. for a long time can affect your citizenship eligibility.
Residency:
You’ve got to have lived in the district or state where you’re filing your application for at least three months before sending in Form N-400.
Continuous Residence:
This is essential for U.S. citizenship through naturalization. You must live in the U.S. for five years (or three if married to a U.S. citizen) without significant interruptions. Spending more than six months outside the U.S. can raise concerns about your intent to remain while being abroad for over a year can disrupt your residency and lead to the denial of your application.
Good Moral Character:
You’ve got to keep up a good moral character to become a citizen. Doing certain crimes can either disqualify you from citizenship or make you wait several years before applying.
And don’t forget about the English language and U.S. civics and history tests of Applying for U.S. Citizenship you’ll have to take as part of the naturalization process. These tests check if you know English and understand how the U.S. government and history work. Before you send in your citizenship application, make sure you meet all these requirements
How Law and Visas Can Help?
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Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the U.S. Call us today at +234 812 5505 986 to learn how we can assist you.
