When to apply for citizenship

[samj 0]

How long after I receive my green card (my mother was the petitioner) can i apply for citizenship? Some people are telling me 5 years while others say 3. Appreciate any help. Thanks.

[Inky 1,111]

3 years if you are married to an american

5 years if you are not married - you were petitioned by your mother so you will wait 5 years to apply for citizenship.

[Brother Hesekiel 2,236]

I know what you mean, but let's get this out so that even a 5th grader understands it.

You can become a US citizen not earlier than 5 years after becoming a Legal Permanent Resident (green card holder).

There are only 2 exceptions:

1- You received your green card through the petition of a USC spouse, and are still happily married to her.

Doesn't apply to you.

2- You joint the Armed Forces during time of hostility (as we have it since 9/11/2001)

Doesn't apply to you either.

So you can send in your N-400 application 90 days before the 5th anniversary of the date that is listed on your green card under "resident since."

[lucyrich 20]

1- You received your green card through the petition of a USC spouse, and are still happily married to her.

Doesn't apply to you.

Not quite right. In order to file under INA 319(a) there's no requirement whatsoever as to how you must have gotten your green card. You could have gotten the green card via work sponsor, green card lottery, cancellation of removal, whatever. samj doesn't say enough about his/her circumstances for us to say whether 319(a) might apply.

In answer to the original question, you can become a citizen as soon as you're eligible to check either box 2A or 2B of the N-400 (or 2C or 2D if applicable).

Box 2A says, "I have been a lawful permanent resident for at least five years".

Box 2B says, "I have been a lawful permanent resident for at least three years AND I have been married to and living with the same US Citizen for the last three years AND my spouse has been a US Citizen for the past three years".

Box 2C says "I am applying on the basis of qualifying military service".

Box 2D says "Other (Explain)". Most people won't qualify for this one. Don't check this box unless you are absolutely sure of the law which allows you to do so.

In either the box 2A or 2B case, you can file up to 90 days before meeting the permanent residence requirement, but you must meet all the other requirements on the day you file. For example, if you're checking box 2B, then on the day you file, you must have been married to and living with the same US Citizen for a full three years, and your spouse must have been a US Citizen for the past three years, but you could have been a permanent resident for as little as three years minus 90 days. See the box at the bottom of page 22 of the M-476 for details.

All of this is explained in the M-476. The N-400 Part 2 is one of the most concise correct explanations of when you can file, though.

http://www.uscis.gov/files/form/N-400.pdf

http://www.uscis.gov/files/article/M-476.pdf

[senegaulois 0]

1- You received your green card through the petition of a USC spouse, and are still happily married to her.

Doesn't apply to you.

Not quite right. In order to file under INA 319(a) there's no requirement whatsoever as to how you must have gotten your green card. You could have gotten the green card via work sponsor, green card lottery, cancellation of removal, whatever. samj doesn't say enough about his/her circumstances for us to say whether 319(a) might apply.

In answer to the original question, you can become a citizen as soon as you're eligible to check either box 2A or 2B of the N-400 (or 2C or 2D if applicable).

Box 2A says, "I have been a lawful permanent resident for at least five years".

Box 2B says, "I have been a lawful permanent resident for at least three years AND I have been married to and living with the same US Citizen for the last three years AND my spouse has been a US Citizen for the past three years".

Box 2C says "I am applying on the basis of qualifying military service".

Box 2D says "Other (Explain)". Most people won't qualify for this one. Don't check this box unless you are absolutely sure of the law which allows you to do so.

In either the box 2A or 2B case, you can file up to 90 days before meeting the permanent residence requirement, but you must meet all the other requirements on the day you file. For example, if you're checking box 2B, then on the day you file, you must have been married to and living with the same US Citizen for a full three years, and your spouse must have been a US Citizen for the past three years, but you could have been a permanent resident for as little as three years minus 90 days. See the box at the bottom of page 22 of the M-476 for details.

All of this is explained in the M-476. The N-400 Part 2 is one of the most concise correct explanations of when you can file, though.

http://www.uscis.gov/files/form/N-400.pdf

http://www.uscis.gov/files/article/M-476.pdf

Good on you. My wife was granted her citizenship last week on the basis of 319(a) after having spent all of 7 + 3 days in the United States. The first seven were to validate her green card and the next three happened as we wanted to arrive early enough before the interview to get a leg up on the jet lag. (She did get 100% on the questions which is a lot better than most of my US friends were able to do.)