Most legal permanent residents in the United States must wait at least five years from when you obtain the Green Card to apply for US citizenship. However, not everyone has to meet that full deadline.
There are cases where a person can begin the naturalization process before the age of fiveas long as you meet the requirements established by the United States Citizenship and Immigration Services (USCIS).
The most well-known exception applies to certain spouses of U.S. citizens. There are also special rules for members of the Armed Forces and some military families.
Who can apply after 3 years
A person with an Green Card can apply for citizenship after three years as a permanent resident if they are married to a U.S. citizen and meet other requirements.
USCIS states that the applicant must have lived in a marital union with the same US citizen for those three years, and their spouse must have been a citizen for that entire period.
Additionally, the person must comply with general naturalization requirementssuch as continuous residence, physical presence in the United States, good character, basic knowledge of English and civic education, unless you qualify for an exception.
You can apply a little earlier
In some cases, USCIS allows you to file Form N-400 up to 90 days before completing the required period of continuous residence. This applies both to those seeking naturalization under the full five-year rule and to those who qualify under the three-year rule by marriage to a U.S. citizen.
That does not mean that the person is automatically eligible. USCIS will review whether you meet all requirements at the appropriate time.
Military and veterans may have special rules
The Members of the United States Armed Forces can also access expedited pathways to citizenship. During peacetime, a person who has served honorably in the Armed Forces for at least one year may qualify for naturalization under special rulesas long as it meets the applicable requirements.
During designated periods of “hostilities,” the law allows certain military members to apply for citizenship with even more flexible requirements.
What doesn’t change even if you live in California, Florida or Texas
Living in California, Florida, Texas or any other state does not change the federal requirements to apply for citizenship. Naturalization is a national procedure administered by USCIS. What can vary is the local office that processes the case, waiting times and the availability of appointments or ceremonies.
Therefore, before starting the process, it is advisable check eligibility on the official USCIS site and make sure you do not have problems with prolonged travel outside the country, immigration history or pending legal situations.
When should you consult a lawyer?
Applying for citizenship may seem like an easy procedure, but it is not always. A person should seek trusty advice if they have had arrests, long trips outside the United States, problems with taxes, child support, complicated immigration history or doubts about your marriage.
For many permanent residents, citizenship represents the final step in a long immigration process. But applying early or without meeting all the requirements can end in a denial and cause additional problems.
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