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  • Naturalization

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    A United States Permanent Resident can petition the USCIS to become a US Citizen through a process call Naturalization.

     

    Most Permanent Residents must wait five years after getting their Green Card to petition to become a US Citizen[1][2] however a spouse of a US Citizen can apply for citizenship three years after approval of their Adjustment of Status.[3][4][5] The five or three year time frame does not include any time spent outside of the United States on travel.

     

    Note: If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.

    Timeframe

    According to USCIS, "The time it takes to be naturalized varies by location. USCIS is continuing to modernize and improve the naturalization process and would like to decrease the time it takes to an average of 6 months after the Form N-400 is filed."[6]

    Further Information and Notes

    References

    1. Jump up http://www.uscis.gov/citizenship/teachers/naturalization-information
    2. Jump up 8 U.S.C. § 1427(a)(1)
    3. Jump up http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf
    4. Jump up http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens
    5. Jump up "Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months." 8 U.S.C. § 1430(a)
    6. Jump up http://www.uscis.gov/sites/default/files/files/article/chapter3.pdf


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    NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.





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