If I’m a permanent resident, how would filing for a divorce and citizenship affect each another?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m a permanent resident, how would filing for a divorce and citizenship affect each another?

Should I do one before the other? I would like to file for citizenship. I am legally married, however I’ve been separated with complete sole custody of our daughter for over 5 years. My permanent residency was not linked to my marriage and I want to be officially divorced.

Asked on April 30, 2015 under Immigration Law, Ohio

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have been a permanent resident for at least 5 years, you are eligible for naturalization regardless of whether you are married or divorced.  It is only if you would have been trying to apply for naturalization after being a permanent resident for 3 years, on the basis of marriage to a US citizen, that divorce would impact that.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption