Law Offices of Nicklaus Misiti explains when to apply for citizenship

TARRYTOWN, N.Y. - Nov. 7, 2013 - PRLog -- Generally, if you are a U.S. permanent resident or what is commonly referred to as a green card holder you cannot apply for US citizenship until you have lived in the United States as a lawful permanent resident for five years or more.

If you obtained your green card through marriage to a US citizen the law is different, you can apply to naturalize after just 3 years.  There are also a number of exceptions to these rules which are explained below:

If you obtained your green card as a self petitioning spouse of an abusive US citizen you can apply for U.S. citizenship after 3 years.  Children can also use this exception, although they must still reach age 18 before submitting their application for citizenship.

If you obtained your green card as a Refugee you can use the date you entered the US as the beginning or your permanent residence .No matter how many years you lived in the United States as a refugee before becoming a green card holder, those years will count as if you had your green card the whole time.   If you received your green card based on having received asylum in the United States, you must wait 4 years to obtain apply for naturalization.

If your spouse has a job requiring you both live overseas, you can apply for citizenship without five years as a green card holder. If you are willing to come back to the United States, you can file your application any time after you receive your permanent residence.  There are a number of limitations on this and your spouse must have a certain employer to apply, so if you are considering this make sure you do your research or speak with an immigration attorney.

There are also a number of factors that may lead to an increase in the length of time, in which one must wait to apply for naturalization:

·         If you have not spent at least half your time physically present in the US you will need to wait until you qualify to apply;

·         You must wait 3 months if you just moved to a new district or state where you would be filing your application;

·         You must wait if you have spent more than a year outside the US or cannot demonstrate you are a person of good moral character for the past 5 years.

US naturalization law is extremely complicated with various rules and exceptions which can result in denial or approval of an application.  As with any immigration application it is best to work with an attorney who can guide you to your desired result.  Attorneys at Law Offices of Nicklaus Misiti are experienced in immigration law and are happy to help you through the process. To speak with an attorney at our firm you can call 212 537 4407 or visit our website at www.misitiglobal.com.