QUESTION: I am a permanent resident. I got my green card through my employer four years ago. My wife is a US citizen and I have been married for three years. Can I apply for US citizenship now based on my marriage to a US citizen or do I have to wait until I have had my green card for 5 years?

THE IMMIGRATION ANSWER MAN – ARI SAUER: As long as you meet the other requirements, you can apply now. A permanent resident who gets their green card through employment is still eligible to apply for citizenship through naturalization based upon marrige to a US citizen for three years.

How the person obtained their residence is not relevant. To meet the three-year rule a) the person must have been a permanent resident for at least 3 years, b) they must have been married to a US citizen for the past 3 years, c) the spouse must have been a US citizen for the past 3 years, and d) they must have been living together for the past 3 years. The applicant must also meet all other requirements, such as the continuous residence requirement, the physical presence requirement and the good moral character requirement,.

If you would like assistance with this process or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to

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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.