Getting permanent residency in the U.S. is an important accomplishment, however, for most immigrants, this may just be the first step to reaching the dream that is the U.S. citizenship, which comes with many advantages including voting privileges, access to the U.S. passport, protection from deportation, and the ability to bring your loved ones to the country.
The first question people with a green card usually ask is, “When can I become a citizen of the United States?” There are several considerations in determining your answer, including the method by which you acquired your green card. Learn in this comprehensive guide the answer to the question and how to achieve it.
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With a green card, you have lawful permanent resident (LPR) status, permitting you to reside and work permanently in the U.S. Yet, having a green card is not enough to confer citizenship to you.
The naturalization process is necessary to gain citizenship and entails residency requirements, the filing of form N-400, the appearance at biometrics, passing the English and civics test (except for exemptions), and the oath of allegiance.
The Five-Year Residency Rule
With regard to lawful permanent residents, applying for U.S. citizenship is possible five years from when one becomes a green card holder.
The five years begin from the “Resident Since” date on your green card and not the day that you moved into the country or got your approval letter.
To become eligible under the five-year rule:
- You have to be an adult i.e., at least 18 years old.
- You must have held lawful permanent resident status for at least five years.
- You should have continuously resided in the US during the residency period.
- You should have been physically present in the U.S. for at least 30 months out of the five years.
- You must be able to demonstrate and hold good moral behaviour for the entirety of the period. This translates to avoiding any criminal charges, violating immigration rules and being an overall good resident.
The Three-Year Residency Rule
If you have obtained your green card through marriage, then you don’t have to wait for five years before applying for Naturalization, you can apply after three years.
To become eligible for citizenship under the three-year residency rule:
- You should have been a green card holder for at least three years.
- You must have stayed married for the duration of the period.
- Your spouse must have been a U.S. citizen during the entire three-year period.
- Meet the continuous residence and physical presence requirements.
- Demonstrate good moral character.
If you get divorced, legally separated, or your spouse is not a U.S. citizen anymore before you file the application, you might have lost your eligibility for the three-year rule and would need to wait until you meet the five-year rule criteria.
Applying Before the Completion of Time
According to USCIS, an applicant who qualifies for filing can file the Form N-400 not earlier than 90 days prior to the completion of the three or five year residency requirement.
This is known as the 90-day early filing provision.
But one has to fulfill all the eligibility requirements before applying. Otherwise, this could cause delay or rejection of the application.
Continuous Residence vs. Physical Presence
Many applicants confuse these two requirements, but they serve different purposes.
Continuous Residence
- Continuous residence means you have maintained your primary home in the United States throughout the required period.
- Extended trips outside the U.S. can disrupt continuous residence. To avoid disrupting your legal status of continued residence, you should not leave the country for more than six months as a time. Going away for more than a year, even to your own home country can disrupt your legal status as a permanent resident completely.
Physical Presence
- Physical presence refers to the actual number of days you were physically inside the United States.
- For applicants under the five-year rule, you generally need at least 30 months of physical presence.
- For applicants under the three-year rule, you generally need at least 18 months.
- Keeping accurate travel records can make this part of the application much easier.
Important Considerations
· Filing before becoming eligible.
· Forgetting to disclose all international travel.
· Providing incomplete or inaccurate information.
· Missing USCIS interview appointments.
· Not updating USCIS after changing addresses.
· Assuming every green card holder qualifies after exactly five years.
How Documitra Can Help
The process of filing for U.S. citizenship is determined by individual cases. Green Card holders typically wait five years while spouses of U.S. citizens only have to wait three years. It should be noted that qualified individuals have the right to submit an application for citizenship up to 90 days before satisfying the residency requirement.
Documitra has a team of professionals with extensive experience in handling documentation and government application for clients. Therefore, we are the right choice for you to know more about US citizenship, your eligibility, and the application process.
FAQs
Q. How long should I hold my green card before applying for US citizenship?
The residency rule states that you have to hold your green card for at least five years, three if married to a US citizen, before applying for US citizenship.
Q. Can I apply before the completion of my residency period?
You can apply before the completion of your residency period but no more than 90 days earlier. This means you can apply within 90 days of completing five years as a legal permanent resident.
Q. How long should I be physically present in the US as a legal permanent resident to apply for US citizenship?
To be eligible for US citizenship, you have to be physically present for half the time of your residency period i.e., thirty months out of the five year period.
