Should I apply base on 5 years of permanent residence in the US or base on marriage still?
If you have been married to a U.S. citizen for at least three years, you only need to be a Lawful Permanent Resident (LPR) for three years in order to naturalize. You have to meet the eligibility requirements, including continous resident and physical presence. I would strongly suggest retaining an immigration lawyer. Immigration law is complex and the stakes are high. If you value being able to live in the U.S., you would use a lawyer rather than file on your own. Some people file for naturalization and end up in Removal proceedings because of certain provisions in the law. Don't add to that statistic unnecessarily.
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
A proper answer to your question would require more information. Have you been a permanent resident for at least 5 years? How much time have you spent outside the USA during the past 5 years? Have you had any convictions, arrests, or any other encounters with law enforcement? You should meet with an immigration attorney to have the best chance of success.
While your question is a simple one, I do not think that answer can be without more information: How long have you been a permanent resident? Did you gain the residence based on THIS marriage? Do you have any criminal convictions/arrests with the past 3 or 5 years? have you been residing within the US for the past 3 or 5 years? Have you travelled outside of the US? If so, how man times and for how long?
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