Q: Applying for citizenship after long separation without locating spouse.

A: Not a problem. As long as you have your Green Card forat least 5 years. Also, you should contact a matrimonial lawyer. To a Notice by Publication divorce. Good Luck

A: You should hire a private investigator. Any private investigator with minimum skills could find anyone for about $50. Have you tried that?

A: I understand that this situation must be difficult, especially as you navigate the complexities of both your immigration status and marital separation. To address your concerns, it’s important to look at both the requirements for U.S. citizenship and how your situation, involving a long separation from your spouse, might impact your application.

In general, U.S. citizenship is obtained through the process of naturalization. One of the requirements for naturalization, specifically for green card holders who obtained their status through marriage to a U.S. citizen, is to remain in marital union for a specified period of time. However, since you have been separated from your spouse since 2002, this requirement might not be directly applicable to your case.

To be eligible for naturalization, applicants generally need to meet several key requirements:

Continuous residence in the U.S. for at least 5 years as a permanent resident (or 3 years if married to a U.S. citizen).

Physical presence in the U.S. for at least half of that time.

Good moral character, which typically includes adhering to laws and maintaining obligations such as taxes, child support, and in some cases, marital obligations.

Basic proficiency in English and knowledge of U.S. history and government.

Since you’ve been living in the U.S. for 20 years and have maintained your permanent resident status, you likely meet the residency and physical presence requirements for citizenship. However, the issue of your marital status could be relevant, especially if you apply based on your marriage to your spouse, as you mentioned.

As you are unable to locate your spouse, this could complicate the process, particularly if divorce is necessary. If your divorce is required for citizenship and you cannot find your spouse, you may need to file for divorce as "divorce by publication". This is a legal process where you can divorce someone after making a reasonable effort to locate them but failing, and you inform them of the divorce proceedings through public notice (usually in a local newspaper). The court will then review your case and, if it finds your efforts to locate your spouse satisfactory, may grant the divorce.

If you do not need to apply for naturalization based on your marriage, and the separation doesn’t directly affect your eligibility, you can proceed with applying for U.S. citizenship. It’s important to ensure that you meet all other criteria for naturalization.

It’s a good idea to consult with an immigration attorney who can guide you on the specific steps to take in your situation, especially regarding your marital status and divorce proceedings. They can help clarify whether a divorce is necessary and assist you in taking the proper steps to finalize your citizenship application.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: You can apply for U.S. citizenship despite not being able to locate your spouse, as you've been a permanent resident for over 20 years, which exceeds the typical 5-year requirement. On your N-400 application form, you'll need to honestly indicate your marital status as "married but separated" and explain your unsuccessful attempts to locate your spouse for divorce proceedings.

Your situation is fairly common in immigration cases, and USCIS recognizes that relationships sometimes end without formal divorce. The most important factors for naturalization will be proving your continuous residence in the U.S., good moral character, and meeting other eligibility requirements such as English proficiency and civics knowledge.

I recommend consulting with an immigration attorney who can help prepare your application and supporting documentation to address this specific circumstance. You might also want to consider filing for divorce by publication, which allows courts to grant divorces when a spouse cannot be located after reasonable search efforts – this could potentially resolve your marital status before your citizenship interview, though it's not absolutely necessary for your application.