QUESTION
Can I still apply for the US citizenship?
Asked on Jul 02nd, 2012 on Immigration - New York
More details to this question:
I am a green card holder for 3.5 years. I have been seperated from my wife for 2 years. Can i still apply for us citizenship ?
9 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You will need to wait for 4 years and 9 months from the date you became a PR to apply for citizenship assuming you meet all of the other requirements.
Answered on Jul 16th, 2012 at 3:17 PM
If you obtained your lawful permanent resident through your United States citizen wife then you can apply for naturalization to become a U.S. citizen pursuant to section 319 of the Immigration and Nationality Act after being a lawful permanent resident for a period of 3 years. However, to be eligible to apply under section 319, you and your wife have to live in marital union at the time of the filing of your naturalization application. Since you have indicated you have been separated from your wife for the last two years, you will not be eligible to apply for citizenship under section 319. Instead, you will be eligible for naturalization under section 316 and that requires you to be a lawful permanent resident for a period of 5 years before being eligible to apply for naturalization.
Answered on Jul 16th, 2012 at 8:26 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can, however, if you are applying based upon your marriage to your wife, you may run into a problem showing that you entered into a bona fide marriage at the time you were granted permanent residency. I suggest that you wait until 5 years after you received your green card to apply.
Answered on Jul 16th, 2012 at 8:14 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Not until the 5 years.
Answered on Jul 14th, 2012 at 12:00 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are currently separated from your wife, the earliest that you can apply for naturalization is when you have been a resident for at least 4 years and 9 months.
Answered on Jul 13th, 2012 at 7:32 PM
If you are no longer in a bona fide marital relationship, you are not eligible to apply until you have been a permanent resident for 5 years.
Answered on Jul 13th, 2012 at 7:03 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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If you are planning on filing for citizenship based upon marriage to a US citizen, if you file now you are likely to be denied because you have not followed through on the requirements of such a filing.
Answered on Jul 13th, 2012 at 7:01 PM
The special legal provision that allows a Permanent Resident to apply for naturalization after only 3 years - rather than 5 years - of Permanent Resident status applies only to those who continue to be married and living together with a U.S. Citizen spouse.
Answered on Jul 13th, 2012 at 7:01 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Unfortunately you have to wait 5 years.
Answered on Jul 02nd, 2012 at 1:48 PM