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Can i file for naturalization ?

Boston, MA |

I would like to know if I’m eligible to file for naturalization.
I lived in Unites States since January 2006. From 2006 till 2009 I was holder of J-1 visa ( student visa , since I was attending college). I got married in May of 2009 and received a Permanent Resident Card. My two year Green Card has expired in May 2012, and I was granted a one year extension due to pending application for conditional removal of status ( I-751). When I filed I-751 I was in the process of separation from my husband and we got divorced on March 2012, few months short of our three year wedding anniversary.
Currently my I-751 is still pending, but I was hoping that on the mean time I can file a petition for naturalization.
Hopefully someone can help me with my question.

Attorney Answers 3


  1. You are going to need to get the conditions removed before you are eligible to apply for citizenship. Additionally, since you and your husband divorced, chances are you won't be eligible to apply for naturalization for five, not three years. I recommend consulting with an experienced immigration attorney.

    Ellie Mosko Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: ellie.mosko@ellisporter.com The information I provide on Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship


  2. Since you are divorced you will need to wait 5 yeaes, not 3, from the date you got your residency to naturalize. So no, you are not eligible at the moment. I hope you are working with an attorney on the removal of your conditions. Good luck.


  3. No, since you are divorced, you are under the 5-year residence requirement.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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