Eligibility to file for Citizenship

[nemozed 1]

My wife has a permanent green card.  She has held a provisional green card for more than two years and a permanent green card for about five months.  My understanding was that she would have to hold the permanent green card for three years before she was eligible to apply for citizenship but a friend of hers who has been in the county longer and who has already obtained citizenship told her that it was simply three years of holding a green card.  When I went to USCIS I answered a series of questions and was informed at the end that she qualifies to apply for citizenship.  The questions referred to holding a green card but made no distinction between provisional and permanent.  So, I just want to ask the resident experts her on Visa Journey about to make absolutely sure before we go ahead and attempt to start the process of obtaining her citizenship.  Thank you. 

[yatsek 32]

For people married to US citizens you have to be a permanent legal resident for 3 years to qualify for citizenship. There is no distinction  between conditional and "permanent"  green cards made for this purpose.

[Scandi 4,180]

A greencard is a greencard. 

[aleful 1,905]

hi

 

yup, whatever the 2 year GC states: resident since and the date she became a LPR, that when she starts counting the date for citizenship

 

 

[nemozed 1]

The first provisional green card does not confer permanent legal resident status though, does it?  So the three years only starts when she receives the second Permanent Legal Resident green card, doesn't it?  Another chart I found on USCIS appeared to make a distinction.  If the three-years started from the time she received her first green card she would be eligible now.  But that contradicts everything I read about this as part of my original research.  If true, it's great. 

[bunkx 25]

Conditional residency is still residency at the end of the day. This gives you the exact same rights as an LPR. As long as you successfully remove conditions before the conditional card expires and then hold the second card for a year, you should be fine.

[Scandi 4,180]

13 minutes ago, nemozed said:

The first provisional green card does not confer permanent legal resident status though, does it?  So the three years only starts when she receives the second Permanent Legal Resident green card, doesn't it?  Another chart I found on USCIS appeared to make a distinction.  If the three-years started from the time she received her first green card she would be eligible now.  But that contradicts everything I read about this as part of my original research.  If true, it's great. 

All of us have already told you that a greencard is a greencard. Conditional or not doesn't matter.

[nemozed 1]

Just trying to be absolutely clear.

 

Thanks.

[Jamaican_Gooner 36]

23 hours ago, nemozed said:

The first provisional green card does not confer permanent legal resident status though, does it?  So the three years only starts when she receives the second Permanent Legal Resident green card, doesn't it?  Another chart I found on USCIS appeared to make a distinction.  If the three-years started from the time she received her first green card she would be eligible now.  But that contradicts everything I read about this as part of my original research.  If true, it's great. 

Take it from me, I got my conditional green card in February 2014 and filed for citizenship in Nov 2016 and I'm in line for an interview. She's good to go 90 days before her 3 year eligibility. Go for it now as things may change with the new trump administration. All the best 

[Lullaby123 4]

12 hours ago, Jamaican_Gooner said:

Take it from me, I got my conditional green card in February 2014 and filed for citizenship in Nov 2016 and I'm in line for an interview. She's good to go 90 days before her 3 year eligibility. Go for it now as things may change with the new trump administration. All the best 

So I got my conditional green card in May 2014, should I file N400 in Feb? My roc 751 with CSC is still pending without rfe or interview... 

[NewOrleansJerry 12]

Hi!  I see the comment "good to go 90 days before her 3 year residency".  We are filing this year.  Where is the USCIS or DOS reference that allows the 90 day period before applying?  Thank you.

[NewOrleansJerry 12]

Here is the 90 day policy from USCIS.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

[Jamaican_Gooner 36]

13 hours ago, Lullaby123 said:

So I got my conditional green card in May 2014, should I file N400 in Feb? My roc 751 with CSC is still pending without rfe or interview... 

Short answer: "Yes" 

 

Longer answer: I filed my N-400 before my ROC was approved (it was approved a few weeks afterwards) I just included a copy of my extension letter in my N-400 Package. One more thing you can't get your citizenship before the three years, so by May 2017, so you won't get an interview before then. My personal opinion is that you should apply as soon as your window opens as I wouldn't be surprised that this recent Muslim ban and the impact on green card holders is going to cause a rush on citizenship applications. All the best 

Edited January 30, 2017 by Jamaican_Gooner