Conditional Permanent Resident Spouse and Naturalization


cindymori

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Posted

Hi everyone,

I recently received my green card (the conditional 2 year one) through my husband. He’s my sponsor and he’s in the US military. We recently got orders to Germany and will be leaving in November. I recently found out there is a chapter in the USCIS policy manual (volume 12, part G, chapter 5, section C) where it clearly states that a CPR could apply for naturalization without having to wait to remove conditions. Basically I would be able to skip that whole process and get my citizenship due to my husband being employed by the US government overseas. The only requirements are that I’ve been a CPR for less than a year and nine months (which I have), and that I haven’t reached the 90 day filing period to remove petition before my card expires (which I haven’t either, my card expires on February 11th 2021) It would be really helpful if I could get an answer from an immigration lawyer in regards to this, since we need to get started on the paperwork and I’m not even sure if I would be able to go on military orders with my country of origin passport. Thank you 

Posted

You would need to schedule a consultation with a lawyer. Forums are only for general info.

If you want to schedule a consultation with an immigration lawyer from the law firm that runs this forum, there is a "Contact Us" button at the top of each forum.page.

Posted
19 hours ago, cindymori said:

Hi everyone,

I recently received my green card (the conditional 2 year one) through my husband. He’s my sponsor and he’s in the US military. We recently got orders to Germany and will be leaving in November. I recently found out there is a chapter in the USCIS policy manual (volume 12, part G, chapter 5, section C) where it clearly states that a CPR could apply for naturalization without having to wait to remove conditions. Basically I would be able to skip that whole process and get my citizenship due to my husband being employed by the US government overseas. The only requirements are that I’ve been a CPR for less than a year and nine months (which I have), and that I haven’t reached the 90 day filing period to remove petition before my card expires (which I haven’t either, my card expires on February 11th 2021) It would be really helpful if I could get an answer from an immigration lawyer in regards to this, since we need to get started on the paperwork and I’m not even sure if I would be able to go on military orders with my country of origin passport. Thank you 

Is your husband stationed abroad for at least 1 year? If so, yes, you qualify for naturalization under INA 319(b) without needing to have been a permanent resident for a certain length of time (i.e. you can apply now even after you just received your green card), and yes, you don't need to apply for Removal of Conditions if you are naturalized before your Removal of Conditions window begins.

Posted
11 hours ago, newacct said:

Is your husband stationed abroad for at least 1 year? If so, yes, you qualify for naturalization under INA 319(b) without needing to have been a permanent resident for a certain length of time (i.e. you can apply now even after you just received your green card), and yes, you don't need to apply for Removal of Conditions if you are naturalized before your Removal of Conditions window begins.

Yes we will be stationed abroad for at least 3 years. That’s great to hear! I will schedule an appointment with an immigration officer as soon as I can. Thank you!

Posted
On 3/1/2019 at 7:37 PM, JoeF said:

You would need to schedule a consultation with a lawyer. Forums are only for general info.

If you want to schedule a consultation with an immigration lawyer from the law firm that runs this forum, there is a "Contact Us" button at the top of each forum.page.

Yeah already did that and no one can really give me the exact answer I’m looking for. Everyone shuts down my questions because everybody thinks the norm is to first remove conditions and then apply for citizenship. But like I said, I have found an exception and want to confirm it. Thanks anyways

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