Naturalization - 2nd Eligibility Requirement

Apart from the exceptions mentioned in my 1st Eligibilty Requirement blog (see below), the earliest a person can apply for naturalization is 90 days prior to the fifth anniversary of becoming a U.S. permanent resident. For spouses of U.S. citizens as well as persons who obtained U.S. permanent resident status as a battered spouse or child of a U.S. citizen, the earliest an application for naturalization can be filed is 90 days prior to the third anniversary of becoming a U.S. permanent resident.

Naturalization - 1st Eligibility Requirement

The road to U.S. citizenship can be very long. In most situations, a person cannot apply for naturalization (i.e., U.S. citizenship) until he or she has been a U.S. permanent resident for five years.

If a person is married to a U.S. citizen and has been living in marital union with his or her U.S. citizen spouse for three years, that person may be eligible to apply for naturalization when he or she has been a U.S. permanent resident for only three years. Any person who obtained U.S. permanent resident status as a battered spouse or child of a U.S. citizen may also be eligible to apply for naturalization after three years in permanent resident status.

There are some exceptions, including the case of a person who has served in the U.S. military for at least one year. There is no requirement that the person first obtain U.S. permanent residence before applying for naturalization.

Other exceptions include, but are not limited to, a person whose spouse is a U.S. citizen regularly stationed abroad due to his or her employment and a permanent resident whose spouse is a member of the U.S. Armed Forces and is stationed abroad.

Visa vs. Status

Many people often misuse the word "visa". Within the U.S. immigration context, a visa can only be issued by a U.S. Embassy or Consulate outside the U.S. The visa is the document which is placed in the passport. It merely allows a foreign national to enter the U.S.

When a foreign national with a visa arrives at a U.S. port of entry, he or she must present that visa. Upon being admitted to the U.S. with that visa, the foreign national is granted a status. For example, when a foreign national arrives at a U.S. port of entry with a B-1/B-2 visitor visa with the intention of being a tourist, that foreign national may be admitted to the U.S. in B-2 status. That status will likely be valid for 6 months. If, during his or her stay the foreign national decides to stay longer than 6 months, he or she can apply for an extension of status.

Assuming that a foreign national within the U.S. maintains his or her status, it does not matter if his or her visa expires, so long as the foreign national does not travel outside the U.S.