Legal Question in Immigration Law in Massachusetts

Divorced Permanent Resident (10 year) N 400 Eligibility Question

I got married on 2/2004 and divorced on 10/2006. I've been PR since 06/06 and my card expires on 06/16. I thought I could apply to N 400 (naturalization) 90 days before my 3rd year of residency. But I hear that because I am not married any more, I have to wait 2 more years. Can someone please clarify me when exactly I can apply?

P.S. I don't know if it makes any difference but my USC wanted a divorce, not me.


Asked on 2/28/09, 9:15 am

2 Answers from Attorneys

Melina Merino Attorney Melina Merino

Re: Divorced Permanent Resident (10 year) N 400 Eligibility Question

The only way you can apply for Naturalization three years from the date you became a permanent resident is if you are, in fact, still married to your US Citizen spouse and you have enough evidence of the marriage to show at the time of the interview. If you divorce your US Citizen spouse before the third anniversary of becoming a permanent resident, you will have to qualify for citizenship in your own right, which means you will have to wait until you accumulate five (5) years of permanent resident status. The reason for the divorce does not affect this. You can submit your application 90 days before the 5th anniversary of your residency. Good luck!

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Answered on 2/28/09, 5:38 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Divorced Permanent Resident (10 year) N 400 Eligibility Question

Correct. If you are no longer married, you cannot take advantage of the 3 year application for citizenship and must wait 5 years from the date of obtaining your LPR. Yes, two more years. Just be patient. The best of luck to you.

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Answered on 2/28/09, 9:45 pm


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