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Family based green card to US citizenship, how long?

Warren, MI |

My wife has her green card filed through her parents. Shes been in the US for 9 months now. She has her Green card since 3 years now and she visited USA just for a month or two every year. Since 2012 June shes in the USA. How long will it be for her to get her US Citizenship? Whats the procedure?

Attorney Answers 4


A green card is issued for someone to "visit" (there are visitor visas for that) the U.S., but for those intending to live here permanently.

Your wife will need to have continuously lived in the US for at least 4 years after June 2012, the date in which she in effect reinstated her residency for naturalization purposes.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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We would need to know more information about all of the details of your wife's time in the United States, and her time outside the United States, including exact dates. This inquiry would require you to consult with an immigration attorney, which I suggest that you do. There are many requirements that must be fulfilled in order to be eligible to apply for US Citizenship. Your wife should consult with an immigration attorney to have the best chance of success and to avoid problems. Best of luck to you.

Michael Carlin
Immigration Attorney

Law Office of Michael Carlin PLLC
3365 Washtenaw Avenue, Suite 209
Ann Arbor, Michigan 48104
Phone: 734.369.3131
Fax: 734.259.4801
Website: Sitio en español:

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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four years nine months - the soonest she can apply, provided:
1. Her aggregate time in the USA has reached 2 years and 6 months
2. Non of her stays outside the US in the last five years lasted longer than 6 months
3. She is otherwise eligible.

Form N-400 must be filed in compliance with its instructions.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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1) She can apply March, 2017 (assuming she is physically present in the U.S. for 50% of the time, and no single departure from the U.S. is in excess of 6 months).

If you are a US citizen, and she has been living with you since June 2012, and will continue to do so until the time she applies for citizenship, and she is in the U.S. 50% of the time, with no single departure in excess of 6 months, then she could apply in March 2015.

In both cases, normal processing of the application should take about 5-6 months (although that estimate could change by the time she applies).

2) She would file N-400 with USCIS.

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