A permanent resident generally becomes eligible to apply for citizenship after five years as a permanent resident, with continuous residence and at least 30 months (913 days) of physical presence in that period. A shorter three-year path exists for those married to and living with a U.S. citizen spouse, and a general-path applicant may file up to 90 days before the five-year mark.
Quick answer
| Requirement | General path (INA 316) | Marriage path (INA 319(a)) |
|---|---|---|
| Time as permanent resident | At least five years | At least three years |
| Continuous residence | Five years immediately before filing | Three years |
| Physical presence | At least 30 months (913 days) | At least 18 months of the three years |
| Other | Age 18 or older at filing; good moral character during the five years | Married to and living in marital union with the citizen spouse during the three years and until the oath |
The rules come from the USCIS page for permanent residents of five years, the USCIS page for those married to a U.S. citizen, and the Policy Manual chapter on continuous residence. The naturalization date calculator counts these dates, and the Green Card calculator hub lists other tools.
The general five-year rule
Under INA 316, an applicant must have been a permanent resident for at least five years and must have lived continuously in the United States for the five years immediately before filing. The applicant must also be at least 18 years old at filing and show good moral character during the five years. Physical presence is a separate test from continuous residence, and both must be met.
The three-year marriage path
Under INA 319(a), a permanent resident married to a U.S. citizen may qualify after three years as a permanent resident. The applicant must have been married to and living in marital union with the citizen spouse during the three years before filing and until the oath, with continuous residence for three years and physical presence of at least 18 months. The Policy Manual chapter read for this guide confirms the three years of marital union and that the marriage and the spouse’s citizenship must continue until the oath. It was not confirmed here that the spouse must have been a citizen for three years, and the marriage page does not say whether the 90-day early filing rule applies to this path, so neither point is stated as a rule.
Filing up to 90 days early
Under INA 334, general-path applicants may file up to 90 days before reaching the five-year continuous residence mark. Filing early does not waive the requirement, so the time must still be complete when the case is decided. The Policy Manual example counts back 90 days from the day before the five-year date. In its example, a five-year date of June 10, 2010 gives an earliest filing date of March 12, 2010.
Continuous residence and long absences
Trips abroad can interrupt continuous residence. The Policy Manual describes two thresholds.
- An absence of more than six months but less than one year is presumed to break continuity. The presumption can be rebutted with evidence of ties such as a U.S. job, family in the United States, or keeping a home.
- An absence of one year or more breaks continuity automatically unless an approved Form N-470 applies.
After an absence of a year or more, a five-year applicant may apply after four years and six months with no presumption, or after four years and one day if the applicant must rebut the presumption. For the three-year path, the figures are two years and six months, and two years and one day. The guide to Green Card travel and reentry explains how the same trips matter for the card itself.
Physical presence
Physical presence counts the days spent in the United States. The Policy Manual says the days of departure and return both count as days in the United States. For the general path the minimum is 30 months, or 913 days. For the marriage path it is 18 months within the three years. Residence in the Commonwealth of the Northern Mariana Islands counts only on or after November 28, 2009.
Three months in a state or district
An applicant files in the state or USCIS district where the applicant has lived for at least three months. The manual lists exceptions for military members, military spouses abroad, students, and commuters. For early filers whose three months overlap the five-year period, jurisdiction is based on the three months before the exam.
Illustrative example
Illustrative example. A person became a permanent resident on June 10, and the fifth anniversary is June 10. Counting back 90 days from June 10 gives March 12, which matches the manual’s example, so the earliest general-path filing date is March 12. Suppose the person left the United States for seven months during the five years. That absence exceeds six months, so continuity is presumed broken unless the person shows ties that rebut the presumption. The physical presence total of 913 days must also be checked against days actually spent in the United States. The dates of departure and return count as days in the United States.
Frequently asked questions
Is it five years in every case?
No. The general rule is five years, and a three-year path exists for those married to and living with a U.S. citizen spouse.
Does a trip of six months break continuous residence?
The manual speaks of absences of more than six months but less than one year, which are presumed to break continuity unless rebutted.
What is Form N-470?
It is the application to preserve residence for naturalization, relevant when an absence is one year or longer.
Does early filing remove the waiting requirement?
No. USCIS says filing early does not waive the requirement.
Related reading
- Green Card travel and reentry
- How permanent resident status can be lost
- Green Card eligibility categories
- Green Card FAQ
About this guide
This website is for information only. It is not affiliated with the U.S. government, does not give legal advice or consultations, and does not offer application services. A personal case belongs with USCIS or a licensed immigration attorney, and the current official pages control.
Last verified: October 2026. Sources: USCIS, permanent residents of five years; USCIS, married to a U.S. citizen; USCIS Policy Manual, Volume 12, Part D, Chapter 3.