N400 & Divorce

[VictoriaS208 178]

Hello, 

 

If my LPR friend gets Divorced to USC after the 3 year requirement for citizenship on a 2 year conditional residency, does USCIS count the 3 years as LPR towards the 5 year requirement after divorce, reducing the N400 year requirement to 2 years? Or does the 5 years start count after he removes his conditions for the 10 year GC? 

 

I'm so confused and I dont know what to tell him, he consulted an attorney but he not sure if the 5 years countdown is after he removes his conditional residency or if USCIS count the 2 years toward the 5 year for the N400 after divorce.  I understand after divorce, the marriage will affect his citizenship and increase his waiting time from 3 years to 5 years. However, will those 3 years as permanent resident count towards the 5 years?

[Timona 4,207]

If divorced, he doesn't satisfy the 3 year route. So he'll have to go the 5 year route.

 

For 5 year route, it'll be 5 years, minus 90 days, from the "Resident Since date" printed on whichever GC he has.

 

If married, it would have been 3 years, minus 90 days, from the "Resident Since date" printed on whichever GC he has.

 

 

Edited July 23, 2020 by Timona