QUESTION
After acquiring a green card, how much time do we have to wait before we can apply for citizenship?
Asked on Mar 02nd, 2013 on Immigration - Virginia
More details to this question:
We are applying for my mother’s green card. After how long can we apply for citizenship? Also, will she be considered to have abandoned her green card if she just stays in the United States a month per year?
5 ANSWERS
Rebecca T White
Your mother will have a five year (four year, 9 month, technically) wait to apply for citizenship after being granted permanent resident status. However, there are rules regarding physical presence prior to applying for naturalization. She may file a Reentry Permit before she begins extensive travel time outside the US, but you are going to want to fully review her plans with an immigration attorney.
Answered on Mar 05th, 2013 at 5:02 AM
She has to be a permanent resident (green card holder) for 5 years before she qualifies for citizenship. Of those 5 years, she has to be physically present in the US for at least 2.5 years in order to qualify. If she only stays in the US for 1 month per year, she will lose her status as a green card holder because that is not evidence of permanent residence in the US.
Answered on Mar 05th, 2013 at 5:02 AM
3 Awards
In general it is five years from the date that you received the green card. Also, in some cases, you can apply 90 days prior to the fifth anniversary.
Answered on Mar 04th, 2013 at 8:39 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your mother will need to have her green card for 5 years before she is eligible for citizenship. She can file the application 3 months before the 5 years, but she will need to show residence in the US for more than 1 month a year. The requirements are available online at uscis.gov if you go to the n-400 form.
Answered on Mar 04th, 2013 at 8:30 PM
Immigration Attorney serving Alexandria, VA
Partner at
Law Offices of Linda G. Dapaah, PC
Four years and nine months from the date that she is granted permanent resident status is the earliest that you may file for her naturalization assuming that she meets all other requirements for naturalization. Yes. It is not a good idea to apply for permanent resident status for your mother if she does not intend to live in the US.
Answered on Mar 04th, 2013 at 7:43 PM