Georgia Peach Has Been Married To A U.S. Citizen

Georgia Peach Has Been Married To A United States Citizen For The Past

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.

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

According to U.S. immigration law, an individual married to a U.S. citizen may apply for naturalization after three years of lawful permanent residence (LPR) if they meet additional requirements, including being married to and living with the U.S. citizen spouse during that period. However, the marriage must remain valid at the time of application, and the applicant must still meet the physical presence and continuous residence requirements. Since Georgia Peach has been married for four years, she is potentially eligible to apply based on her marriage duration. Nevertheless, the divorce proceeding might impact her eligibility, especially if the marriage has been legally dissolved or is close to termination.

Question 2: Has she met the continuous residence and physical presence requirements?

To qualify for naturalization, lawful permanent residents must demonstrate at least five years of continuous residence and must have been physically present in the U.S. for at least 30 months within those five years. In her case, Georgia Peach has been a lawful permanent resident for four and one-half years, which is short of the five-year requirement. Additionally, living in Colombia for three years may have interrupted her continuous residence, unless she qualifies for certain exceptions, such as working abroad for a U.S. employer or other qualifying reasons. Her physical presence in the U.S. for at least 30 months during her residence period might also be in question, considering her residence abroad.

Question 3: Has she abandoned her lawful permanent residence?

Abandonment of lawful permanent residence occurs when an LPR departs the U.S. for extended periods or establishes a primary residence abroad without maintaining ties to the U.S., indicating an intent to abandon permanent residence. Living in Colombia for three years could suggest abandonment, especially if she did not maintain sufficient ties or did not intend to remain permanently in the U.S. Such actions might be viewed by USCIS as abandonment if she fails to provide evidence of maintaining U.S. ties and intent to reside permanently in the U.S.

Conclusion

While Georgia Peach has been married to a U.S. citizen for more than three years, her eligibility for citizenship is complicated by her divorce, her time spent living abroad, and whether she meets the statutory requirements. She may not meet the five-year continuous residence and physical presence requirements, especially given her three-year stay in Colombia, which could be viewed as abandonment of her lawful permanent resident status. To determine her precise eligibility, a detailed review of her immigration history, ties to the U.S., and current legal status is necessary. Consulting with an immigration attorney would be advisable to assess her options and potential pathways to citizenship.

References

  • Bankston, C. L., III. (2020). Immigration Law and Policy: Cases, Statutes, and Executive Materials. Foundation Press.
  • U.S. Citizenship and Immigration Services (USCIS). (2023). Naturalization Requirements. https://www.uscis.gov
  • U.S. Department of Homeland Security. (2022). Immigration and Citizenship: Lawful Permanent Residency. https://www.dhs.gov
  • Chishti, M., & Pierce, S. (2018). Immigration Policy at a Crossroads. Migration Policy Institute.
  • Sharma, R., & Abascal, M. (2019). Pathways to U.S. Citizenship for Lawful Permanent Residents. Journal of Immigration & Nationality Law.
  • Harvey, S., et al. (2021). The Impact of Extended Absences on LPR Status. Immigration Law Review.
  • U.S. Citizenship and Immigration Services. (2021). Application for Naturalization (Form N-400). https://www.uscis.gov/n-400
  • Chappell, C., & Martin, J. (2022). Maintaining U.S. Residency: Legal and Practical Considerations. American Immigration Lawyers Association Journal.
  • Ross, M., & Williams, D. (2020). Abandonment of Permanent Residency: Legal Framework and Case Law. Journal of Immigration Law and Policy.
  • Kim, S. (2019). Marriage and Immigration: Legal Complexities and Recent Trends. Journal of Legal Studies in Immigration and Citizenship.

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