Can She Apply For Citizenship After Three Years Of Marriage ✓ Solved

Can she apply for citizenship after three years of marriage to

Georgia Peach has been married to a United States citizen for the past four years, and has been a lawful permanent resident for four and one-half years. She has filed for a divorce and has been living in Colombia for the past three years.

(1) Can she apply for citizenship after three years of marriage to a U.S. citizen?

(2) Has she met the continuous residence and physical presence requirements?

(3) Has she abandoned her lawful permanent residence?

Paper For Above Instructions

In the context of U.S. immigration law, the path to naturalization can be complex, particularly for individuals in unique circumstances. This paper analyzes three key questions regarding Georgia Peach’s eligibility for U.S. citizenship based on her marriage to a U.S. citizen, her residency status, and her physical presence in the United States. By addressing these questions, we will provide a comprehensive view of her situation in accordance with the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS).

Eligibility for Citizenship After Marriage to a U.S. Citizen

The first question is whether Georgia can apply for citizenship after three years of marriage to a U.S. citizen. Generally, the requirement for applying for citizenship is at least three years of lawful permanent residence when married to a U.S. citizen. According to USCIS, an applicant must have been a lawful permanent resident for at least three years, be married to a U.S. citizen for that duration, and live in marital union with that U.S. citizen. In Georgia's case, since she has been married for four years, she meets this criterion.

However, an important nuance in her case is that she has filed for divorce and has been living outside the United States for the past three years. Despite her marriage duration qualifying her for citizenship, the pending divorce could complicate her application. Although a person must be married to a U.S. citizen for the required amount of time, divorce does not necessarily disqualify her if it can be shown the marriage was entered in good faith (USCIS, 2021).

Continuous Residence and Physical Presence Requirements

The second question addresses whether Georgia has met the continuous residence and physical presence requirements. For naturalization, USCIS mandates that applicants maintain continuous residence in the U.S. during the statutory period. For those married to U.S. citizens, this period is three years. Continuous residence is defined as living in the U.S. for the required period without significant time spent outside the country.

Georgia has been living in Colombia for the past three years. According to immigration laws, spending more than six months outside the U.S. can disrupt continuous residence. Since Georgia has been outside the U.S. for over three years, she has likely failed to meet the continuous residence requirement. Furthermore, any absence lasting over one year can result in automatic abandonment of her permanent resident status unless she has applied for and received a re-entry permit prior to leaving (U.S. Department of Homeland Security, 2020).

Abandonment of Lawful Permanent Residence

The final question revolves around whether Georgia has abandoned her lawful permanent residence. Abandonment can be inferred from prolonged absence from the U.S., especially if it exceeds one year. Immigration authorities typically consider an individual to have abandoned their residency status if they stayed outside the U.S. for an extended duration without adequate justification or prior arrangements (USCIS, 2021). Georgia’s three-year residency in Colombia strongly suggests that she may have abandoned her lawful status.

Moreover, if Georgia did not maintain ties to the U.S., such as maintaining a residence or filing U.S. taxes, these factors would further bolster the argument that her permanent residency has been abandoned (American Immigration Lawyers Association, 2019). If the USCIS determines that she has abandoned her permanent residency, it could significantly impact her ability to apply for citizenship.

Conclusion

In conclusion, while Georgia Peach initially qualifies to apply for U.S. citizenship based on her marriage duration, her three-year residence in Colombia complicates her eligibility. It is likely that she has not met the continuous residence and physical presence requirements necessary for naturalization. Furthermore, her prolonged absence from the United States suggests that she may have abandoned her lawful permanent residence. Consequently, she should consult with an immigration attorney who can provide specific guidance tailored to her situation and help navigate the implications of her divorce while considering her immigration options.

References

  • U.S. Citizenship and Immigration Services. (2021). Naturalization Eligibility Requirements. Retrieved from https://www.uscis.gov/naturalization/naturalization-eligibility-requirements
  • U.S. Department of Homeland Security. (2020). Maintaining Permanent Resident Status. Retrieved from https://www.dhs.gov/maintaining-permanent-resident-status
  • American Immigration Lawyers Association. (2019). Immigration Basics: Permanent Residency. Retrieved from https://www.aila.org/immigration-basics/permanent-residency
  • U.S. Citizenship and Immigration Services. (2021). Information for Spouses of U.S. Citizens. Retrieved from https://www.uscis.gov/family/spouses-u-s-citizens
  • U.S. Citizenship and Immigration Services. (2021). Form N-400, Application for Naturalization. Retrieved from https://www.uscis.gov/n-400
  • U.S. Citizenship and Immigration Services. (2021). Naturalization Process. Retrieved from https://www.uscis.gov/naturalization/naturalization-process
  • American Immigration Council. (2020). Overview of Immigration Status. Retrieved from https://www.americanimmigrationcouncil.org/research/overview-immigration-status
  • Immigration Policy Center. (2019). Naturalization: The Path to U.S. Citizenship. Retrieved from https://www.immigrationpolicy.org/topics/naturalization
  • National Immigration Law Center. (2020). The Naturalization Process in the United States. Retrieved from https://www.nilc.org/issues/citizenship/naturalizationprocess
  • American Bar Association. (2019). Immigration Law: Overview. Retrieved from https://www.americanbar.org/groups/public_interest/immigration/

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