The 5-Year vs. 3-Year Rule for U.S. Citizenship Eligibility

Getting US citizenship can be exciting but also a complicated process, especially for Lawful Permanent Residents (LPRs). LPRs need to meet specific requirements under US immigration law. There are two key routes to naturalization: the 5-year and 3-year rules, and each has different timelines and conditions that applicants should fulfill. 

The 5-year rule requires five years of continuous residency before filing a citizenship application. During this period, applicants must also spend at least 30 months (half of the five years) physically present in the United States. The 3-year rule applies to spouses of US citizens and offers a faster path to citizenship. 

The spouse must have been in a marital union with their citizen spouse, but it is not necessary that they must have lived in the country with them. This is where an experienced attorney from Vanderwall Immigration becomes invaluable. They can ensure that the process goes smoothly and prevent the application’s rejection. 

Overview of the 5-year rule 

The 5-year rule is an eligibility requirement to obtain US citizenship. It states that an individual must be a lawful permanent resident (LPR) or green card holder for at least five years before applying for naturalization. This is to demonstrate that the applicant wants to establish a stable life in the United States and does not have any other ill intentions. 

Eligibility criteria 

The following are the eligibility criteria outlined by the 5-year rule:

• The applicant must have held LPR status for at least five years.
• The applicant should have lived continuously in the U.S. over a five-year period. This means that their primary home was in the US only. 
• The applicant must have been physically present in the U.S. for at least 30 months (or half of the five-year period). 
• Applicants should demonstrate good moral character, obey U.S. laws, and respect U.S. constitutional principles. They should also be able to read, write, and speak basic English and have a decent knowledge of US history and government. 

Exceptions and special considerations 

There are certain exceptions and special considerations that might impact the 5-year rule.

For instance, being absent from the country for six months to one year can impact eligibility. However, the applicant can avoid this by showing that they maintained US residency, such as owning a property. 

If you have been absent from the country for longer than a year, you are no longer eligible. You will need to re-establish residency before applying for naturalization. 

Overview of the 3-year rule 

The 3-year rule facilitates naturalization for those married to and living with a U.S. citizen. Since commitment to such relationships is much more important, the 3-year rule allows spouses of US citizens to gain citizenship sooner than other lawful permanent residents.

Eligibility criteria 

Here are the eligibility criteria for the 3-year rule:

• The applicant must be married to a U.S. citizen for at least three years, and they should also be living together as a couple during this period. 
• The applicant must be a lawful permanent resident (LPR) for a minimum of three years. 
• Applicants must have been physically present in the U.S. for at least 18 months (half of the three years).
• Applicants must prove the marriage is bona fide or genuine by providing evidence such as joint financial records, shared residency documentation, and photographs. 

Exceptions 

Just like in the 5-year rule, certain situations can impact the 3-year rule. For example, if one has applied for naturalization and their marriage ends during the process, they are no longer eligible. However, they may still be able to apply for naturalization through the 5-year rule. 

Get US citizenship today!

The different rules in the 3-year and 5-year eligibility can be complex to understand. Meet with an attorney today to understand whether you qualify for either of them.