Becoming a U.S. citizen is complicated, can take a long time, and has many requirements. There are some options for expedited naturalization for qualified foreign-born spouses of American citizens. If you are married to a United States citizen it is possible to waive the continuous residence and physical presence requirement for naturalization, which is important for spouses of U.S. citizens employed abroad or military families stationed abroad.
A qualification for citizenships is 2.5 or 1.5 years of continuous physical presence in the United States, depending on your status. Section 319(b) of the Immigration and Nationality Act (INA), allows the foreign-born spouses of United States citizens who are employed overseas to expedite their applications for citizenship and become a naturalized citizen without having to meet the residency requirements that are normally required.
Qualifications for Expedited Naturalization
To qualify for expedited naturalization under INA Section 319(b), the applicant must meet the following requirements:
• must be legally married to a United States citizen
• must have entered the U.S. legally
• must have Lawful Permanent Resident (a green card)
• the LPR status may be conditional
• the United States citizen spouse must be employed abroad by one of the following types of organizations:
• the United States government
• an institution recognized as an American Institution of Research by the Attorney General
• a US corporation or its subsidiary in the development of foreign trade or commerce
• a public international organization
• an organization engaged in ministerial or missionary work
The naturalization applicant must be physically in the United States during their interview with a USCIS officer and when they are sworn in as a citizen.
There are specific documents and qualifications to apply for expedited naturalization under INA 319(b). Trying to navigate the USCIS process to complete the naturalization process can be confusing without the right help, and simple mistakes or missed deadlines can result in delays, extra costs or even a denial. Talk to the experienced immigration attorneys at Godoy Law Office at 630-912-0322.
AREAS WE SERVE: Godoy Law Office Immigration Lawyers serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will and Lake Counties.