For foreign nationals who are in the process of immigrating to the United States, possibly on a permanent basis, there are a few little-known rules that they should keep in mind. One of these is the time an applicant must wait before he or she applies for naturalization.
In order to qualify for Naturalization, the applicant must have lived continuously in the United States for a certain period of time. The applicant must have a physical residence in the United States and may be required to show proof that they have been physically present in the United States.
For the majority of applicants, the applicant must have been physically present in the US for thirty months within the five-year period before the applicant applied. This means that the applicant must have spent half of their time in the United States during their 5-year period. There are a few exceptions to this rule.
For a qualified spouse of a US citizen, the rule is a little different. The applicant in this case only has had to be physically present in the US for eighteen months within a three-year period before the applicant applied. This means that the applying spouse has had to be physically present in the United States for half of the three-year period.
Finally, the applicant must show that prior to filing he or she has lived in the United States for three months. This can be accomplished in a number of ways; credit card statements showing purchases made in the United States in that time, rent paid for the place of residence, even pictures taken in the United States during that time. The more proof of this the better, however it must be in the state or city where the applicant is living.
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
Attorney Ramona Kennedy cares about your case and will fight for you.