Can I still apply for the US citizenship? - Immigration Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Can I still apply for the US citizenship?

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 ?


Contact this Attorney Now

In order to apply for citizenship in 3 years you must be married to a US citizen and be residing with said spouse. Otherwise you have to wait till you have the 5 years. If you do not have a 10 year Lawful Permanent Resident card and your card expires in 2 years I would be seeking the assistance of an attorney quickly.

Answer Applies to: Minnesota
Replied: 7/13/2012

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
Contact this Attorney Now

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.

Answer Applies to: California
Replied: 7/5/2012

Pauly P.A.
Contact this Attorney Now

To be eligible for naturalization, the spouse of a United States citizen must establish that he or she has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application and the spouse has been a United States citizen for the duration of that three year period. (8 CFR319.1(a)(3)). An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse.(8 CFR 319.1 (b) (1)). Therefore, if you do not actually reside with your wife, then you will have to wait until you have the required 5 years of lawful permanent residence before you can become a naturalized US citizen.

Answer Applies to: Florida
Replied: 7/3/2012

Answer By Floyd Fernandez
Pacifica Legal Services
Contact this Attorney Now

If you are able to prove that the relationship was entered into for love and not for the green card, as you did before, you are eligible. Once you have permanent residency, you are not required to continue the marriage in order to obtain eligibility to apply for U.S. citizenship, which you surpassed when you had been a permanent resident for more than 3 years.

Answer Applies to: California
Replied: 7/3/2012

Law Offices of Patricia M. Corrales
Contact this Attorney Now

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.

Answer Applies to: California
Replied: 7/2/2012

Montefalcon Law Offices
Contact this Attorney Now

No. You must be living with each other as husband and wife, three months immediately prior to your citizenship application. You will have to wait 1.5 more years to qualify under the 5-year requirement that generally applies to all immigrants, instead that of 3 years for US citizen spouses.

Answer Applies to: California
Replied: 7/2/2012


Contact this Attorney Now

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.

Answer Applies to: California
Replied: 7/2/2012

Answer By Aime Katambwe
World Esquire Law Firm
Contact this Attorney Now

Technically yes, since you are still married.

Answer Applies to: California
Replied: 7/2/2012

Law Offices of Brian D. Lerner, A PC
Contact this Attorney Now

Not until the 5 years.

Answer Applies to: California
Replied: 7/2/2012

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy