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From Green Card to US Citizenship: The Five-Year and 30-Month Rules

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

Generally, after five years as a permanent resident, with at least 30 months physically in the US, you can apply for citizenship. EB-5’s two conditional years count too. The conditions, how time is counted, the process and FAQs.

The basic requirements

Requirement Detail
Time as a permanent resident Five years
Physical presence At least 30 months in those five years
Continuous residence No long breaks
Other Good moral character, English and civics

How it works for EB-5 investors

EB-5 investors first receive a two-year conditional green card, then a ten-year permanent one through I-829. The two conditional years count towards the five years.

The process

  1. Apply once you meet the time and residence requirements
  2. Biometrics
  3. Interview, including the English and civics tests
  4. The oath ceremony

Common questions

  • Frequent travel: long absences can affect continuous residence.
  • Children: minor children generally acquire citizenship under the rules once their parents naturalise.
  • Tax: citizens must still report worldwide income under US rules.

Planning advice

If some family members still work in Asia, calculate each person’s days in the US in advance and apply for re-entry permits when needed, so citizenship isn’t delayed.

FAQ

Do the two conditional years count?

Yes — EB-5’s conditional period counts towards the five years.

Must I give up my current nationality?

The oath involves renouncing other allegiances; the actual effect depends on your current country’s rules.

Do children apply separately?

Minor children generally acquire citizenship once their parents naturalise.

Sources

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