Legal Question in Immigration Law in California

divorced and immediately filling for citizenship

my husband (us citizen) and I filled for divorce last december and are going to have it finalized this june(6 mnths cooling period).

I have been a greencardholder for the past 5 yrs and am eligible to file for citizenship this july.

would you recommend me filiing right away or sholud i wait for a year or so?


Asked on 4/28/09, 5:33 pm

4 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: divorced and immediately filling for citizenship

Dear Inquirer:

The date on which you file for Naturalization will not affect your application. Even if you wait 10 years, the USCIS will still ask questions as to whether your marriage through which you acquired your green card was bona fide. As long as you entered the marriage in good faith you should be approved for citizenship, barring any other issues.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 4/28/09, 5:42 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: divorced and immediately filling for citizenship

There may be no reason to wait at all. If your marriage was bona fide and the five year anniversary of your permanent residence is July, you're eligible to file 90 days in advance, in April. There's no reason to wait. It doesn't look better or worse if you do. The down side of not filing for citizenship as soon as you qualify is that things can change unexpectedly and you might find yourself in the position of no longer qualifying. This is unlikely, but not impossible.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 4/28/09, 5:49 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: divorced and immediately filling for citizenship

You can file N-400 if you meet the requirements. It will not make a difference even you wait for another year.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 4/28/09, 7:33 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: divorced and immediately filling for citizenship

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 5/11/09, 6:56 pm


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