Yes, you can apply for naturalization even if you are separated from your U.S. citizen spouse, as long as you can prove continuous residence in the U.S. for the five years preceding your application and that you have held your green card for at least 4 years and 9 months as of the date of the filing.
The rules surrounding derivative citizenship can be quite complex, so depending on your age, how your father obtained citizenship (by birth or naturalization), and if you are already a permanent resident, you may qualify for citizenship. Please check our detailed section on citizenship/naturalization for more information.Back to Naturalization FAQs
If you decide to apply for naturalization through marriage to a U.S. citizen, you must have held your green card for a minimum of three years and have lived together for the past three years. Otherwise, you must have held a green card for five years (absent exceptional circumstances).Back to Naturalization FAQs
Depending on when the incidents happened, you may still qualify for naturalization. If those occurred outside of the statutory period (5 years or 3 years if application based on marriage), and they are non-removable offenses, you probably would still qualify. If they occurred during the statutory period, then more than likely you would be precluded from establishing good moral character, which is a requirement to file for naturalization. The attorney would need to review the criminal records to make that determination.
There are exemptions from taking the English and Civics examination. You are exempt From the English language requirement, but are still required to take the Civics test if you are: 1) Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years (commonly referred to as the “50/20” OR 2) Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years (commonly referred to as the “55/15” exception). In those instances, you will be allowed to take the civics test in your native language and bring an interpreter at your interview. If you are age 65 or older and have been a permanent resident for at least 20 years at the time of filing for naturalization, you will be given special consideration regarding the civics requirementBack to Naturalization FAQs