Am I eligible to apply for Naturalization under the three year rule if:

Asked almost 2 years ago - San Diego, CA

I have been a permanent residence since 2005, but I only fulfill the physical presence requirements based on the last three years. I have been physically present for more than 18 months during the past three years.
I have never broken the continuous residency requirements (i.e. being outside the U.S for longer than 6 months) since I had my green card. However, from 2005 till January 2011 my physical presence was only few weeks every few months. Since January 2011 I have not left the U.S.
I have been married to and living with the same U.S. citizen for the last 13 years. My spouse is a U.S. citizen by birth.

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you have been a permanent resident since 2005, you should apply under the five year rule, as that would be simpler.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. You do qualify. Am located at the heart of downtown, at the Emerald Plaza Building. I'll be more than happy to help you with the application and make sure you quickly get naturalization, in time for the most important election in our lifetimes.
    I'll be waiting for your call.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Donald Kyle Sheppard

    Contributor Level 5

    1

    Lawyer agrees

    Answered . Yes, you do qualify and need to apply based on three years as you indicated you would not qualify if it was based on the past five years. However, you will need to show validity of your marriage if you are filing based on the three year period so you should be prepared to do that at the time of interview.

  4. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes, you qualify for naturalization.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more

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