Are You Trying to Become a Citizen of the United States? Call Us Today!

Applying for U.S. citizenship is no doubt a process. Here at David Grey Immigration Law, we are your Los Angeles citizenship lawyer. A common question that arises during the immigration process is exactly when a person can apply for their U.S. citizenship. There isn’t a one-size-fits-all answer to this question. It depends on individual circumstances.

If you have any questions regarding this information, remember we are your legal immigration help Los Angeles.

Typical Time Frames

Once you become a lawful permanent resident, you must wait five years before you can apply for citizenship. If you received your green card/permanent resident card on February 1, 2015, you would be eligible for U.S. citizenship on February 1, 2020. If you aren’t sure what date you received your green card, don’t worry. It’s listed on your card.

Conditional residents are also subject to this five-year time frame. If you married a U.S. citizen, this is most likely you. If you become a permanent resident by the time your conditional residency expires, those two years will count. You’ll have just three more years to go before you can become a citizen.

There are exceptions.

While the mandated five-year time period is there, there are a few exceptions.

Submit your application early.

While you must wait five years to apply for citizenship, you aren’t required to wait that full five years before you submit your citizenship paperwork. The required N-400 form can be turned in 90 days prior to your five-year date. There is a very small chance that you will be approved for citizenship a few days before your five-year mark. However, chances are likely that it will take more than 90 days since your application must go through the system. You will also be called in for an interview to ensure that you speak enough English and understand how the U.S. government works before USCIS will decide to approve or deny you.

If you have any questions regarding this process, David Grey is your Los Angeles citizenship lawyer.

Marrying a U.S. citizen

The time frame is cut nearly in half if you are an immigrant married to a U.S. citizen. In this case, the five-year time frame is cut to three years. This time frame doesn’t strictly revolve around getting married, either. If you obtain your green card through work and then get married, the three-year time frame applies to you.

But you must stay with your spouse throughout the whole process. If you legally separate or divorce before you’re sworn in as a U.S. citizen, the three-year time frame is no longer valid for you. In this case, you must wait the extra two years until you hit your five-year date. This rule is pretty strict, too. You must live with your spouse until after you are sworn in, or this exception will be taken away from you.

Sadly, your spouse dying before you are sworn in de-qualifies you from this exception. If you have any questions regarding marrying a U.S. citizen and only waiting for three years, legal counsel can guide you in the right direction.

If your spouse is a U.S. citizen with VAWA protection but abuses you…

This special exception is for anyone who is in an abusive marriage. Whether you are being emotionally or physically abused, Congress has provided protections for you. Fill out Form I-360 if you are in these circumstances, and the three-year time frame will apply to you.

Rules for refugees.

If you have sought refuge in the United States and have obtained a green card, then your five-year waiting period includes that time. If you’ve been in the U.S. the whole time, start counting from the day you obtained your green card. If you obtained your green card while you weren’t living in the U.S., start counting from the day you arrived in the United States.

If you have any questions regarding the refugee immigration process, give us a call.

Rules for asylees (if you’ve been granted asylum).

One year of your time spent as an asylee will count toward your time length requirements if you apply for permanent residency within the first year. Otherwise, your time as an asylee will not count toward the waiting period.

Rules for asylees can be tricky, so you’ll probably want an attorney to help you through this process. When hiring a lawyer for the naturalization process, David Grey is here for you. We are your naturalization attorney.

Your spouse is a U.S. citizen and has an overseas job working for the U.S.

If your spouse needs to move overseas, and if their job is working in one of the following positions, go together so your time outside the country can be counted toward your five-year waiting period.

• The U.S. government
• A U.S. research institution
• A U.S. firm or corporation that develops U.S. foreign trade
• An organization in which the U.S. is involved through treaty
• A religious group organized within the U.S.

If you have any questions about whether your spouse’s job counts for this exemption, David Grey can help.

If you leave the country, you might have to wait longer.

It’s important to stay in the United States for as much time as possible during your five-year waiting period. You might be denied if you don’t meet specific requirements. Make sure you are living at the same address for three months before you apply for citizenship, and be sure to not live outside the United States for more than one year.

If you have any questions, please contact David Grey, your immigration lawyer in Los Angeles.