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How long is it till I can take the citizen ship?

Tulsa, OK |

I've been a resident since 01/08/09, and I was married to American citizen for 3 years. We got divorce 2 years ago. How long is it till I can take the citizen ship? And does it change something that I got divorced?

Attorney Answers 3

  1. You qualify to apply for citizenship after being a resident for 3 years if you're still married to your citizen spouse. Since you are now divorced, you will have to wait until you've had your green card for 5 years before you can apply for citizenship. The only exception would be if you got your green card through VAWA, as an abused spouse of a U.S. citizen.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

  2. The earliest would be 4 years and 9 months from the day you became a permanent resident. The Immigration Service may look into the circumstances of your divorce.

  3. Sounds as though you have another year to wait, assuming you meet all of the other eligibility requirements of naturalization.

    However, I would strongly suggest that you use an immigration lawyer. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit work permit application and wait a few additional months before working).

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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