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My Citizenship Chances? 3 or 5 Years?

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  • My Citizenship Chances? 3 or 5 Years?

    Hello guys,

    I've just read a lot of very nice topics on this forum and I would like your opinion about my case. I appreciate it in advance!

    - I have been living continuously in the US as permanent resident for 3 Years. (I'm from the EU and I got my 10 years green card overseas before moving here as I have been married to my wife for 8 years and she is American Citizen born and raised here in the US.

    ? My first question is: On my case do I need to be married and be permanent resident for 3 or 5 years in order to apply for the Citizenship / Naturalization?

    - While I have never committed a crime in my life(No Misdemeanor or Felony), 6 years ago I was deported from the US for overstaying my tourist visa(I entered the country with a regular ESTA, later on before the 90 days expired I applied for change of status after getting married but after the interview I was denied and I was deported with 5 years penalty.
    My wife immediately applied again for me(this time while I was living in my country), she filled a waiver and after going through the visa process(interview etc) immigration approved the waiver, lifted the 5 penalty because I overstayed less than 180 days and they gave me a 10 Years green card.

    ? My second question is: Do you think the fact that I have been deported will affect on my application for the Citizenship / Naturalization?

    ? My last question is: I have a green card that will expire in 7 years from now: What's your advice based on my case, wait these 6 and 1/2 years and apply again to renew the green card for another 10 years or just start the Citizenship / Naturalization process? What's my best chance?

    Not sure if this would have a relevance, but for the last 3 years me and my wife we filed taxes jointly, things are going great and I'm fluent in English.

    Thank you so much guys, will really take seriously your advice before moving on with a choice.

    Cheers!


  • #2
    ? My first question
    You can file under 3 yrs since your spouse was a US citizen when you got your greencard.

    ? My second question
    No, since you got a waiver. You need to answer the specific questions on the N400 truthfully and provide / upload evidence that you received the waiver.
    This will come up at the interview so take all your documents with you.

    ? My last question
    Do you want to be a citizen ? If yes, apply at the earliest date you are eligible (3yrs from the time of your greencard)
    If you would rather not be a citizen / happy with a greencard / no rush. Wait it out and then apply for the renewal. However, bear in mind that immigration laws are subject to change.
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      You can apply after continuously resident as a permanent resident for 3 years (you can submit the application 90 days before the 3 year mark), since you will have already been married to a US citizen for 3 years by that point.

      The deportation won't affect your naturalization.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thank you so much R78 and newacct

        By chance do you know if it is public the % of people that succeed or fail after having taken the test?
        Does immigration ask a lot of questions about American History/Presidents/Rights etc?

        You stay healthy and thanks again!

        Cheers

        Comment


        • #5
          You must have six of ten question correct answer, so it is hard to be fail since there is only 100 easy question which you must read and learn, as I know there is 2 time more test if you fail.
          English test is also easy and you must understand all of questions in N400 form.

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