Legal Question in Immigration Law in Virginia

Immigration/Naturalization Question: I would like a clarification on how long a person has to wait before applying for US Citizenship. My girlfriend used to be married and divorced soon after receiving her permanent residency in the US. She has a permanent resident green card.

1. Now that she is divorced, she has to wait 5 years before applying for citizenship. Is this 5 years from when she was granted her provisional residency or 5 years from the date on her permanent resident card?

2. I heard that if she and I marry, that the "timeclock" starts over again and now she has to wait longer than the 5 years to apply for citizenship. What happens to her wait for citizenship application if we should get married?


Asked on 11/22/11, 5:48 am

3 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

It is 4 years and 9 months from the "resident since" date noted on her green card. Additional information is here: www.h1b1.com/citizenship.htm

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Answered on 11/22/11, 6:12 am
Michael Hendrickson Law Office Michael E. Hendrickson

Your marriage would have no impact on the above-referenced date.

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Answered on 11/22/11, 7:34 am
Amy Long Amy Long, Esq.

Your question raises multiple issues. You mentioned that she married and then divorced soon after receiving her green card. How soon after? How long was the courtship period to her husband through whom she got her green card? Was she admitted as a two-year conditional permanent resident? If so, has she filed the petition to remove the conditions on her permanent residence? At the naturalization stage, USCIS will examine how she got her green card and if the entire process was followed correctly.

A simple answer to your question is that she can apply for naturalization once she has been a green card holder for 5 years, however an immigration lawyer should evaluate all of the issues in your case before you proceed with the naturalization (Form N-400) application.

Amy A. Long

(703) 270-9235

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Answered on 11/22/11, 9:43 am


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