I'm applying for visa EB-3 to work in America and going to get a green card for the same reason, and I'm wondering if I can become a citizen 5 years after I get the green card? I have heard that the naturalization test not only checks on our knowledge about America but also on how we got the green card. What is the chance of people who become a citizen through working or visa EB-3?
As long as you lawfully qualified for a green card under EB-3, you will be eligible to naturalization 5 years later. Please see http://www.avvo.com/legal-guides/ugc/a-simple-guide-to-naturalization-1
Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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.
As long as you will continuously reside in the USA after having obtained EB-3 GC, and can prove to be a person of "good moral character", you will be eligible to apply for citizenship exactly 4 years and 9 months after the effective date found on your GC.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
During naturalization interviews, USCIS routinely asks about the job/employer that qualified/sponsored your green card to make sure that no visa fraud was committed when you obtained your EB-based green card. You should keep the post-GC-approval record of working for I-140 petitioner/the employer. If you do not work for the I-140 petitioner/employer at all or leave the job too soon, you will run into troubles. For how long should you stay with I-140 petitioner/the employer? I'd advice at least 6 months, although other immigration attorneys may have different opinions on this.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
As long as you are eligible for citizenship, you should be able to get it, no matter how you got your green card, as long as you got it lawfully.
These responses are general and could vary depending on individual facts. As always, it is best to seek the advice of an attorney when pursuing any immigration benefit.
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