When I can apply for citizenship

[drchirag 1]

I m greencard holder living in us since October 2018 so can I apply for us citizenship or I have to wait?

 

[Mike E 11,739]

5 minutes ago, drchirag said:

I m greencard holder living in us since October 2018 so can I apply for us citizenship or I have to wait?

 

1. When did you become an LPR?

 

2. Are you married to a U.S. citizen?

[OldUser 6,636]

40 minutes ago, drchirag said:

I m greencard holder living in us since October 2018 so can I apply for us citizenship or I have to wait?

 

If your green card says Resident Since 10/xx/2018 then you can apply for citizenship under 5 year rule in October 2018 (or 90 days early if you still pass physical presence test on day of application).

 

If you became LPR after 2018, it depends whether your green card is based on marriage. If you've been marriedb to same US citizen for 3+ years, had LPR status for 3+ years, you can generally apply under 3 year rule. Look at GC, add 3 years to Resident Since date.

 

For both options, you need to pass physical presence test, which is different. But also need to pass continuous residence test, e.g. no trips in the last 3 or 5 years lasting over 180 days. 

 

There's still few more criteria you need to meet as LPR to naturalize, but the ones above are the base ones. It would help if you explained when you became LPR and how.

Edited February 21, 2023 by OldUser

[drchirag 1]

On 2/21/2023 at 11:25 AM, OldUser said:

If your green card says Resident Since 10/xx/2018 then you can apply for citizenship under 5 year rule in October 2018 (or 90 days early if you still pass physical presence test on day of application).

 

If you became LPR after 2018, it depends whether your green card is based on marriage. If you've been marriedb to same US citizen for 3+ years, had LPR status for 3+ years, you can generally apply under 3 year rule. Look at GC, add 3 years to Resident Since date.

 

For both options, you need to pass physical presence test, which is different. But also need to pass continuous residence test, e.g. no trips in the last 3 or 5 years lasting over 180 days. 

 

There's still few more criteria you need to meet as LPR to naturalize, but the ones above are the base ones. It would help if you explained when you became LPR and how.

I became LPR in 2013 but I started continuous residing since October 2018 

[drchirag 1]

On 2/21/2023 at 10:53 AM, Mike E said:

1. When did you become an LPR?

 

2. Are you married to a U.S. citizen?

I became LPR in 2013 but started residing continues since October 2018.No I m not married to us citizen 

[OldUser 6,636]

1 minute ago, drchirag said:

I became LPR in 2013 but I started continuous residing since October 2018 

You can apply on November 1st 2023. I wouldn't apply 90 days earlier before this date, to ensure there are no issues with application.

[Mike E 11,739]

19 minutes ago, drchirag said:

I became LPR in 2013 but started residing continues since October 2018.No I m not married to us citizen 

Exact dates matter. If you resided continuously since say an October 15, 2018, then technically you could

 

* try to file  under the 4 years + a day rule; and thus could have filed October 16, 2022. However this requires you to overcome a presumption breaking continuous absence after being gone 181 or more continuous days. 
 

* file under the 180 day rule, where absences up to 180 days are not considered to have broken continuous residence. So you could file 180 days before October 16, 2022, or April 18, 2023. However this requires you to check the box “did trip last 6 months or more” because neither USCIS nor Congress can figure out if 6 months means 365 / 2 = 183 days, 180 days, or 6 calendar months. 
 

* file 179 days before October 16, 2022, or April 19, 2022. But you still are showing the date of departure from the U.S. for the first trip as more than 179 days long.  And so callIvy attention to your possible abandonment of LPR status. 
 

So I agree  with @OldUser: file October 16, 2023. That way that that absence is off your 5 year record. 

[drchirag 1]

On 2/21/2023 at 11:25 AM, OldUser said:

If your green card says Resident Since 10/xx/2018 then you can apply for citizenship under 5 year rule in October 2018 (or 90 days early if you still pass physical presence test on day of application).

 

If you became LPR after 2018, it depends whether your green card is based on marriage. If you've been marriedb to same US citizen for 3+ years, had LPR status for 3+ years, you can generally apply under 3 year rule. Look at GC, add 3 years to Resident Since date.

 

For both options, you need to pass physical presence test, which is different. But also need to pass continuous residence test, e.g. no trips in the last 3 or 5 years lasting over 180 days. 

 

There's still few more criteria you need to meet as LPR to naturalize, but the ones above are the base ones. It would help if you explained when you became LPR and how.

I became LPR in 04/16/2013. But I was not residing in USA I visit every 11 months until 2018.I started residing continuously from 10/01/2018.so can I apply for naturalization?

[Mike E 11,739]

11 minutes ago, drchirag said:

I started residing continuously from 10/01/2018.so can I apply for naturalization?

10/02/2023. And bot 90 days early. That is ny advice.

[igoyougoduke 1,656]

On 4/21/2023 at 5:03 AM, drchirag said:

I became LPR in 04/16/2013. But I was not residing in USA I visit every 11 months until 2018.I started residing continuously from 10/01/2018.so can I apply for naturalization?

you can apply for naturalization on or after  July 1st 2023