- Be a permanent resident continuously for five years, subsequent to LPR status. If married to a U.S. citizen (USC) the residency requirement is only three years, but there are several conditions to the three-year rule (e.g. parties must have been married for at least three years, no legal separation etc.).
- Not be absent from the U.S. for a continuous period of more than one year during the period for which continuous residence is required. Absence of more than six months but less than one year establishes the presumption of not satisfying the continuity of residence requirement, which can be potentially rebutted. If one has broken continuity of residence, s/he may reapply for U.S. citizenship four years and one day following the date of his/her return to the U.S. to resume residency. The spouse of a USC needs two years and one day.
- Be physically present in the U.S. for at least one half of the five years (or one half of the three years, in a case where the spouse is a USC).
- Having the required time within the USCIS district or State
- Having a good moral character. If you have a criminal conviction you need to speak to a lawyer before applying.
- Having sufficient English and U.S. civics knowledge
- Declaring attachment to the U.S. Constitution
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At the law firm of Sukkar & Associates, we provide skilled guidance and effective legal representation concerning U.S. immigration to clients throughout the United States and across the world.