If I’m a permanent resident, how would filing for a divorce and citizenship affect each another?
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If I’m a permanent resident, how would filing for a divorce and citizenship affect each another?
Should I do one before the other? I would like to file for citizenship. I am legally married, however I’ve been separated with complete sole custody of our daughter for over 5 years. My permanent residency was not linked to my marriage and I want to be officially divorced.
Asked on April 30, 2015 under Immigration Law, Ohio
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you have been a permanent resident for at least 5 years, you are eligible for naturalization regardless of whether you are married or divorced. It is only if you would have been trying to apply for naturalization after being a permanent resident for 3 years, on the basis of marriage to a US citizen, that divorce would impact that.
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