Brooklyn, NY asked in Immigration Law for New York

Q: I received the green card for 10 years. If I will be in separation with my husband

Can I apply for citizenship after 3 years or I have to wait 5 years?

If we will be in separation, will our son stay with me (mother)?

What if I would divorce my husband, can I apply for citizenship after 3 years or I have to wait 5 years?

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2 Lawyer Answers

A: If you separate from your husband, it will be better to wait five years. That way you won't be depending up him to become a citizen.

1 user found this answer helpful

A: If you wish to apply for naturalization in 3 years after receipt of the resident status, you will need to present proof of your marriage. If you divorce, you will need to wait the 5 years to file the FORM N-400.

The custody of your child can be determined by mutual agreement or by court decree.

Good luck to you.

1 user found this answer helpful

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