Lawful Permanent Residency and the 5-Year Eligibility Requirement: An Immigration Law FAQ
Lawful permanent residency is the most common path to becoming a United States citizen, but there are still a few essential requirements that you must meet before applying for citizenship.
Here, an experienced immigration attorney answers a few common questions about lawful permanent residency and the eligibility requirements for citizenship.
What is a lawful permanent resident?
In the United States, lawful permanent residents (LPR), or green card holders, are non-citizens who are legally allowed to reside in the United States.
As a lawful permanent resident, you can work without restrictions, own property, apply for financial aid for public universities, and join the U.S. Armed Forces. You can also petition for immediate family members to receive green cards and live in the United States.
Can I become a citizen if I’m a lawful permanent resident?
Yes, but there are requirements that you must meet first. You must be a lawful permanent resident for at least five years before you can apply for United States citizenship. As part of this requirement, you must show that you have continuously resided in the United States within those five years.
You must also show that you were physically present in the United States for 30 months in those five years. If you leave the United States for extended periods, specifically six months to a year, these absences can disrupt your continuous residence. You will need to prove that your absence doesn’t disrupt it.
Are there any exceptions to the 5-year eligibility requirement?
While most lawful permanent residents have to live in the United States for five years before they can apply for citizenship, a few exceptions make you eligible sooner.
If you are a permanent resident married to a U.S. citizen, you may be eligible after three years of living in the United States. You must be married to a citizen for at least three years, and your spouse must be a citizen for the entire three years. To qualify, you must show that you were physically present in the States for 18 months of the three years.
Are there any other exceptions?
If you are a member of the U.S. Armed Forces, you could be eligible after one year of serving. To qualify, you must be a permanent resident during your citizenship interview and pass the U.S. history and government test and the English test.
You are also exempt from the continuous residency requirement if you are an applicant working abroad for any of the following:
- United States government contractors
- A public international organization
- An American institution of research
Talk to the Immigration Lawyers at JAD Law
The U.S. naturalization process for permanent residents can be lengthy and confusing. An experienced immigration lawyer can help you avoid common errors that create delays and rejections. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
