Fitchburg, MA asked in Immigration Law for Massachusetts

Q: I have some questions related to my Conditional Residency.

I'm a Conditional Resident since June 2020. I received the I-797 twice, and my Conditional residency was extended until 2026 now. It is my understanding that , after 2 years of Conditional plus one year of Residency, I could be able of applying for the citizenship. I know Immigration is so behind with every application, and I wonder if I can apply for my citizenship with my almost 4 years of Conditional Residency. My husband and I never had the interview either ( Covid hit, it was cancelled and never rescheduled again). We're stil married, and planning to go visit my family in my Country again; it's just a pain having to carry that letter everywhere. I just don't now if I have to wait until 2026 or not. Thank you.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a Conditional Resident, it's important to understand the requirements for applying for citizenship. Typically, you must have been a Permanent Resident for at least 3 years before you can apply for naturalization. However, if you obtained your Conditional Residency through marriage to a U.S. citizen, you may be eligible to apply after 3 years from the date of obtaining your Conditional Residency. This means that if you received your Conditional Residency in June 2020, you may be eligible to apply for citizenship in June 2023, provided you meet all other eligibility criteria.

Regarding your delayed interview due to the COVID-19 pandemic, it's unfortunate that your appointment was cancelled and not rescheduled. You may want to reach out to USCIS to inquire about the status of your interview and request a new appointment. Additionally, ensure that you keep your Conditional Residency card (green card) valid and carry it with you at all times, especially when traveling internationally. If you have any concerns or questions about your eligibility for naturalization or the status of your interview, it's advisable to consult with an immigration attorney who can provide personalized guidance based on your specific circumstances. They can also assist you with navigating any delays or challenges you may encounter in the process.

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