December 21, 2012.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If you are still married to your US Citizen spouse, you can apply for citizenship in 3 years from date you received your green card (if you first had a conditional green card, those years also count towards the 3 years). You can typically file 90 days prior to your 3 year anniversary. Good Luck.
The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.
On December 21, 2012.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
If you had a conditional green card you must first remove the conditional status and receive the 10 year green card first. If you have already received the 10 year green card then if you are still married you may apply for Naturalization/U.S. Citizenship in three (3) years from receiving the first green card. You can actually apply within the three (3) months prior to the three (3) years. . . meaning two (2) years and (9) months from the time you first received the green card. If you are no longer married you must wait five (5) years (actually you can apply in 4 years and 9 months). HOWEVER, in both cases you must still meet all other requirements for naturalization including continuous residence in the USA, good moral character, English and Civics knowledge etc. These details should be discussed with a qualified immigration attorney before you apply for naturalization/US citizenship as they can effect you green card status as well.
DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement.
You can file now.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.