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Jerry Lee Erickson

Jerry Erickson’s Answers

2 total

  • Can a permanent resident apply for US citizenship after 21/2 years?

    I've been a permanent US resident for almost two years living and working in the same city in California. I've never left the US during that time nor planing to leave in the near future. When exactly can I apply for citizenship? Can I do that when...

    Jerry’s Answer

    Yes, your sum up in the second post is correct. Prior to filing for natz you have to be a PR for 5 years...and during that time you must have been physically present in the US for at least 2 1/2 years. And technically speaking, applications can be filed up to 3 months before the continuous residence requirements are met. INA 334(a), 8 USC 1445(a).

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  • Can a permanent resident apply for US citizenship after 21/2 years?

    I've been a permanent US resident for almost two years living and working in the same city in California. I've never left the US during that time nor planing to leave in the near future. When exactly can I apply for citizenship? Can I do that when...

    Jerry’s Answer

    • Selected as best answer

    How did you obtain your PR status? Assuming that it wasn't based on marriage to a USC, in general, you are allowed to apply 5 years after obtaining PR status. However, applying for naturalization can be a bit tricky as there are several requirements that have to be complied with.

    First, let me distinguish between permanent resident status and “continuous residence” in the US. Permanent resident status is when you are a green card holder and are able to stay indefinitely in the US. Continuous residence is a uniquely defined term associated with the naturalization process and refers to domicile. In general, in order to be eligible to file for naturalization one must have been a US permanent resident (i.e. Green Card holder) for 5 years or, if married to a US Citizen, 3 years. The applicant must maintain continuous residence in the US during that 5 or 3 year period in order to remain eligible for naturalization. If you depart the U.S. for an extended period, both permanent resident status and continuous residence must be preserved if you want to a) naturalize…and/or b) maintain your permanent resident status. I’d also point out that you have to be of good moral character for 5 years prior to filing.

    Lastly, I'd note that you must be physically present in the US for at least one-half of the 5 or 3 year period. As such, you must be able to prove that you have been in the US at least one-half of the applicable 5 year period at the time of filing.

    Good luck to you.

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