Do I Have to Wait Three or Five Years to Apply for U.S. Citizenship?

Once you receive your permanent resident card, or more commonly referred to as the “green-card,” the general rule is that you have to wait 5 years before you are eligible to naturalize and become a U.S. citizen. However, there are a few exceptions to this rule in which you can apply for citizenship only 3 years after receiving your green card.

First, is if you received your green card through a bona-fide marriage to a U.S. citizen and you remain in that marriage. Second, is if you entered into a bona-fide marriage with a U.S. citizen but the marriage ended due to abuse. Third, is if you got your green card not directly through your marriage to a U.S. citizen, but through the Violence Against Woman Act (VAWA) as a survivor of violence by a U.S. citizen spouse, parent, or child (over the age of 21).

The 3-year rule is an exception that only applies to those who are an immediate relative of a U.S. citizen, not a U.S. permanent resident.

When should you file your application for U.S. citizenship? You can file Form N-400, Application for Naturalization, up to 90 days before your “3 year” period comes to an end. Use this tool on the USCIS website to determine the earliest date on which you can file your Form N-400. [https://www.uscis.gov/forms/uscis-early-filing-calculator]

In addition to the three-year requirement of having your green card, you must also meet all the other requirements for becoming a U.S. citizen, including having good moral character and maintaining physical presence in the U.S. for at least 18 months out of the past 3 years that you have been a permanent resident.

If you have any criminal history or you’ve stayed outside of the U.S. for over 6 months at a time after becoming a permanent resident, it’s best consult an immigration attorney to assist in your naturalization application, so that you do not have any delays or denials.

Schedule a free consultation with us today to discuss your specific immigration case and let us help you get your citizenship with no issues!

June 15, 2024

Written by: Saimithra Reddy