Can I apply for citizenship early? 5 Answers as of May 04, 2011

I was married for in 2001 and applied for my immigration change of status in 2002. I was lost in the immigration system for almost 9 yrs. I was finally approved in 2010. Is there any provision that allows people like me an exception to apply for citizenship before the required 3-5 yrs since I waited so long for approval. Currently my marriage is badly shaken on irreconcilable differences. We are in divorce court but have two children and lots of evidence to our marriage.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are still married to and living with a U.S. citizen you may file for your citizenship 2 years and 9 months from the date your permanent residency was actually granted to you (See your Permanent Resident card and the date Resident since xx/xx/xxxx. If your marriage is not intact at that time, then the earliest you can file is 4 years and 9 months from the Resident Since date. This assumes you have at least of that period physically in the U.S, you have no breaks from the U.S. in excess of 6 months, you have been a resident of the State where you are filing for at least 90 days, no issues of good moral character, and you can pass the English and government tests, etc. Unfortunately there are no provisions for USCIS delays in granting your PR allowing you to file for citizenship any earlier than the statutory time periods although there is an exception for military members.
Answer Applies to: California
Replied: 5/4/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unfortunately, there is no provision that allows you to apply early because USCIS did not timely approved your Green Card application. You have to wait 3 years (if married and living with a U.S. Citizen spouse) or 5 years to file for Naturalization.
Answer Applies to: California
Replied: 5/3/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
Unfortunately, no. Unfortunately you will need to be a resident for 5 years before you can apply for naturalization.
Answer Applies to: Florida
Replied: 5/2/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
What you have is a conditioned green card. In order to remove the restraint, your spouse is required to co-sign the application to remove condition. However in your case it may not be possible. Because you have lots of evidence to bona fides of your marriage, you may be eligible to self petition as battered spouse (battered can be physical or verbal). You may contact us for reviewing of your facts and determination of your options.
Answer Applies to: Florida
Replied: 5/2/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You must wait a certain period of time starting when you got approved for your residency. You must wait 3 years if still married and residing with your US citizen spouse or wait 5 years from your date of "admission. It appears you will have to wait until 2015 before filing for naturalization. Sorry, there is no exception for people who waited so long.
Answer Applies to: California
Replied: 5/2/2011
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