Eligiblity to apply for N-400

[lidcomg 0]

Hello All,

I am having some tuff time with my attorney, he is saying Permenet Residency starts ( the day you remove conditon on your GC, or in other words the day when you get you 10 year GC ) . Based on that he is saying I am not qualifying for applying N-400 and I have to wait 3 more years

Am I eligible to aplly n-400

Here are my details

Married US Citizen in March 2006

Conditional GC arrived November 2006.

Condition removed on July 2009 ( Got 10 year gc approve )

1. In N-400 instrucetion is said ( 3 years from permenent residence ) when Permenent residence start, does it satrt from first day of conditional GC or 1st day of 10 year gc ( after removing condition )

2, Based on above time lines I am eligilble to apply n-400 ( 90 days before 3 years living with US citizen spouse ) ?

3 - Do I need to bring my spouse for N-400 interview ( based on 3 years marriage rule )

4. My Condition on GC was removed on July 6, but I lost card in mail. I think I can apply N-400 on ( Aug 1 , based ) based on 3 years - 90 day rule but I dont have GC ( since i lost in mail, never recieved ) - I applied for replacement of GC by I-90 but I am still waiting. Can I apply N-400 without having physical card even though my GC is approved.

thank you

[payxibka 10,048]

get a different lawyer...

1) if citizenship application is based on a marriage to a USC then it is 3 years - 90 days from the RESIDENT SINCE date on the greencard

2) three years MARRIED to your USC spouse and marriage needs to be still in tact

3) yes, most probably .... are you worried about something here?

[Sand 5]

get a different lawyer...

[aaron2020 11,651]

Your lawyer is 100% wrong. Get a new lawyer.

[cookiee 0]

Your lawyer is 100% wrong. Get a new lawyer.

agree

[lucyrich 20]

I agree that you need another lawyer (or do it yourself). If you're lawyer asks you why you're firing him, have your lawyer look up INA 216(e).

Treatment of Period for Purposes of Naturalization.-For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.

That term "lawful permanent resident on a conditional basis" means someone who holds a conditional (2 year) green card. That paragraph of the law says that someone who has a conditional green card is, for the purpose of naturalization, considered to be equal to someone who has an unconditional ten year green card.

It doesn't matter which kind of green card you hold; the clock ticks equally well while you're holding either type, and the date of your removal of conditions is irrelevant to naturalization. Once you've accumulated three years while married to and living with a US Citizen, you're good to go. Or, once you've accumulated five years, you're good to go whether or not married to a US Citizen.

See our timeline in the signature for one example of how it can work.