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Applying for U.S. Citizenship 5 Years After Divorcing a U.S. Citizen

February 10, 2025

If I am applying for U.S. citizenship five years after divorcing a U.S. citizen, which eligibility category should I select on Form N-400, and what are the fees?"

Expert Answer:

If you are applying for U.S. citizenship five years after divorcing a U.S. citizen, you must select the general 5-year eligibility category for lawful permanent residents (LPRs) on Form N-400. You cannot select “Spouse of a U.S. citizen” because that category requires the applicant to be currently married to and living with a U.S. citizen. The “Spouse, former spouse, or child of a U.S. citizen under the Violence Against Women Act (VAWA)” category applies only to victims of abuse and is not relevant unless you qualify under those specific protections.

1. Which Eligibility Section Should You Select?

  • When completing Form N-400 (Application for Naturalization):
  • Select: “I have been a lawful permanent resident for at least 5 years.”
  • This category applies to lawful permanent residents who have maintained their status for five years or more, regardless of prior marital status to a U.S. citizen.
  • You do not need to mention your prior marriage to a U.S. citizen unless explicitly required in the application.

2. Eligibility Criteria Under the 5-Year Rule

  • Lawful Permanent Residency: You must have held a green card (LPR status) for at least five years before applying.
  • Continuous Residence: You must have lived continuously in the U.S. for at least five years before filing.
  • Absences of more than six months may disrupt your continuous residence unless you can provide valid reasons and documentation.
  • Physical Presence: You must have been physically present in the U.S. for at least 30 months (2.5 years) out of the last five years.
  • Good Moral Character: You must demonstrate good moral character for the five years prior to filing and up to the naturalization ceremony.
  • English and Civics Knowledge: You must pass tests in English language proficiency and U.S. civics unless you qualify for an exemption.

3. Filing Fees for Form N-400

  • The filing fees for Form N-400 depend on whether you file online or by paper:
  • Online Filing Fee: $710 ($640 application fee + $70 biometric fee).
  • There is a $50 discount for filing online compared to paper applications.
  • Paper Filing Fee: $760 ($640 application fee + $120 biometric fee).
  • No Fee for Military Applicants: Members of the U.S. armed forces applying for naturalization are exempt from these fees.
  • Visit USCIS Filing Fees for up-to-date details.

4. Steps to Apply for Citizenship

  • Determine Eligibility: Verify that you meet all criteria under the general 5-year rule for naturalization.
  • Complete Form N-400:
    • File online at USCIS Online Filing or by submitting a paper application to the appropriate USCIS address.
    • Attach required documents, such as:
      • A copy of your green card (front and back).
      • Evidence of continuous residence (e.g., tax returns, lease agreements, utility bills).
  • Submit the Filing Fee:
    • Pay the fee online or by check/money order if submitting a paper application.
    • Fee waivers are available for eligible low-income applicants using Form I-912.
  • Prepare for the Interview and Tests:
    • Study for the English and civics tests using materials provided by USCIS.
    • Be ready to answer questions about your application and demonstrate good moral character.
  • Attend the Naturalization Ceremony:
    • If approved, take the Oath of Allegiance to complete the process.

Legal Framework

  • Immigration and Nationality Act (INA) §316: Provides the general 5-year residency rule for naturalization.
  • INA §319(a): Specifies the expedited 3-year rule for spouses of U.S. citizens, which is inapplicable after divorce.
  • Violence Against Women Act (VAWA): Allows abused spouses of U.S. citizens or LPRs to apply for naturalization under special protections.
  • 8 CFR §316.2: Covers the requirements for continuous residence, physical presence, and good moral character.

Conclusion

When applying for U.S. citizenship five years after divorcing a U.S. citizen, select the “I have been a lawful permanent resident for at least 5 years” option on Form N-400. Ensure you meet all requirements under the 5-year rule, including continuous residence, physical presence, and good moral character. Submit the correct filing fee based on your method of filing, and prepare thoroughly for the naturalization process.

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