Exceptions to waiting 5 years to file for naturalization
Although the general rule of thumb is that you must be a resident of the United States in lawful permanent resident status for five years before being eligible for U.S. citizenship there are certain cases whereby a person becomes eligible earlier.
If you are married to a U.S. citizen you need only have been a lawful permanent resident for three years if your spouse has been a U.S. citizen for three years and you have been married for three years. In this case, you will be required at your naturalization interview to provide proof that you are still residing with your spouse. Such proof may consist of joint tax returns, birth certificates of children born of the marriage and any proof that you still reside with your spouse. If you have separated from your spouse, but still remain legally married and were living for three years immediately together prior to the filing of the naturalization application, you can still obtain naturalization under the three year provision.
A spouse or child who obtained lawful permanent resident status by proving they were the survivor of physical abuse or extreme mental cruelty may also apply for citizenship after three years, however the child must be at least eighteen years before filing. (Depending on the child’s situation, this may not be necessary as the parent’s naturalization may confer derivative citizenship upon the child)
The Immigration & Nationality Act also states that anyone who has served honorably in any of the branches of the Armed Forces for a period of three years or periods totaling three years may be naturalized. Residency requirements for current or former military personnel are also waived in these cases. In the tragic event that one is killed in active duty, the law allows the family to posthumously petition for citizenship, which can benefit family members.
These are some of the main exceptions to the requirement that states you must be have continuous residence for five years after obtaining your lawful resident status; however the laws regarding naturalization can be complex and often confusing. For those that need assistance or clarification in these matters, a consultation with an attorney that specializes in immigration, may be helpful.