How do I know if I qualify for citizenship?

UPDATED: Sep 30, 2022

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How do I know if I qualify for citizenship?

I’ve been married to a U.S. citizen for 2.5 years now. Before that I held an OPT for 1 year, after completing a 2-year MS program for which I had an F-1. I’m due to reapply for permanent residency in a couple of months. Am I eligible to apply for U..S citizenship or should I reapply for a green card now and wait another half a year to submit an N-400?

Asked on October 19, 2016 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are eligible to apply for naturalization if you are married to a US citizen once you have been a permanent resident for 3 years, provided you are still married to the US citizen.  You are not eligible to apply for naturalization before such time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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