Centreville, VA asked in Immigration Law for Virginia

Q: What category of eligibility do I apply for N400?

I received my Green card back in Feb 2017 when by mom married my stepdad and I was entered into the paperwork before I turned 18. Now I want to apply for naturalization, but on the USCIS site there are few choices and I'm not sure which one I fall under.

I know it has to be either:

1) 18 years old+ and has been green card holder for 5 or more years

2) 18 years old+ has been green card holder for 3+ years AND is married to a citizen.

The reason for my uncertainty is that a lawyer that helped us in the past said that I could apply now that its past 3 years, but I'm not the one that married. So do I fall under the first one or the second category? Or do I submit under "others" with a brief explanation about my situation?

Thank you for your help!

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1 Lawyer Answer
Agnes Jury
Agnes Jury
  • Immigration Law Lawyer
  • Traverse City, MI

A: If you mom is still married to your step dad, she can apply for naturalization after 3 years. But unless your mom became a citizen before you turned 18, you will be eligible for naturalization once you have been a permanent resident for 5 years or more. You cannot apply until 90-days before the five-year anniversary of your green card being issued. I recommend doing a consultation with an experienced immigration attorney before you file. Best wishes!

Kevin L Dixler agrees with this answer

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