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

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.

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Attorney answers 4


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 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.


Yes, you qualify for naturalization.

Madrid Crost Law Group - (888) 466-4478; e-mail:; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site:


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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.