Generally speaking, a U.S. permanent or conditional resident has to have had lawful residence in the United States for a minimum of five years, five years from the day that they became a permanent resident. There are exceptions to this rule, however. Read on to learn more about these exceptions to when you can apply for naturalization.

First off, it is necessary to note that if a green card holder is a conditional resident (such as someone who has married a U.S. citizen or who has obtained an investor visa), the two-year period where you are a conditional resident will count toward five years of lawful permanent residence if and only if you become a permanent resident once the two years are up. There are multiple exceptions to the five-year lawful residence requirement, however. This article will address the rules for civilians; if you or a family member has been in the U.S. Armed forces, there are other exceptions that may specifically apply to your situation.

Anyone who is a lawful permanent resident can apply 90 days before the five-year mark arrives. This is because the naturalization process takes a considerable amount of time, and the USCIS may take more than 90 days just to respond to your application in order to set up an interview. Once you mail in your N-400 form, it takes a while to be processed. So you are allowed to apply 90 days early.

A permanent resident who is married to a U.S. citizen may only have to wait three years before applying for citizenship. This is true even if your green card did not come through the marriage. If for instance you got an employment-based green card, and afterwards you married a U.S. citizen, then you would only have to wait three years from the day you were married before you applied for naturalization. However, you still have to be married to this spouse until you have your naturalization interview. If you get a legal separation or a divorce from your spouse, or even if your spouse passes away before the date of the interview comes, then you lose out on this exception to the five-year requirement.

But there is an exception to this in marriages where there is physical or emotional abuse. If a permanent resident is married to a U.S. citizen, but their spouse is abusive, then the immigrant can submit Form I-360. This could mean that they would still get the three-year waiting period exception, without having to stay in the marriage. Children can also get this exception, but they have to turn 18 before they can apply for citizenship.

For immigrants who entered with a refugee status before getting a green card, some of the time spent under refugee status would count toward time as a permanent resident. We could take for example an immigrant who is given status as a refugee while in a different nation. Then they enter the United States, and then three years later they get a green card, becoming a permanent resident. From the day that this immigrant entered the United States on, that time would count toward permanent residence. So in this example, that immigrant would have to wait two years after getting the green card instead of five.

If you are an immigrant who obtained a green card after having been given asylum in the U.S., then up to one year of the time as an asylee would be counted toward time lived as a permanent resident. So if you were granted asylum in the United States, but got a green card after three years, only one year of that time would count toward the five-year wait. You would still have another four years before you could apply to become a U.S. citizen.

There are also some exceptions for spouses of U.S. citizens with particular jobs. For example, if you are married to a U.S. citizen who has to work overseas for the U.S. government or for certain U.S. research institutions, then you might be able to apply for citizenship without having to live five years in the United States as a permanent resident.

You would have to apply inside of the United States. As soon as you got a green card, you could apply to become a citizen. This is only in cases where your spouse is frequently stationed overseas because of their job, and you must declare an intent to reside in the U.S. once your spouse's job is over. Your spouse must have a job with one of the following entities: the U.S. government, certain U.S. research institutions, U.S. firms or corporations in foreign trade and commerce, certain public international organizations in which the U.S. is involved, or certain religious organizations. You will have to consult with an immigration attorney to see if you qualify for this exception.

Finally, you need to be aware of things that can increase the amount of time you have to wait before applying for citizenship. For example, if you have spent more than one year outside of the United States, or if you have not lived for three months in the district or state where you will file, then you will have additional waiting time. Other delays could result from being unable to show "good moral character" as of yet.

Learn more about these and other delays and exceptions when you contact an experienced immigration lawyer. Find the legal expert you need on our directory today.