Understanding Naturalization for Spouses of U.S. Citizens

The naturalization process under section 319(a) of the Immigration and Nationality Act (INA) offers an expedited path to U.S. citizenship for spouses of U.S. citizens. This blog explains the eligibility criteria and requirements for individuals seeking naturalization through this provision.

Eligibility Criteria

To qualify for naturalization under section 319(a), the applicant must meet the following conditions:

1. Lawful Admission for Permanent Residence
   • The applicant must have been lawfully admitted as a permanent resident of the United States.
2. Continuous Residence
   • The applicant must have continuously resided in the U.S. for at least three years after obtaining lawful permanent residence. Continuous residence is defined in detail under 8 CFR § 316.5.
3. Living in a Marital Union with a U.S. Citizen
   • The applicant must have lived in a marital union with their US-citizen spouse for the three years preceding the naturalization application examination, and the spouse must also have been a US citizen during this period.
4. Physical Presence
   • The applicant must have been physically present in the United States for at least 18 months during the three-year period preceding the application.
5. Residence in Jurisdiction
   • The applicant must have resided for at least three months in the state or USCIS service district with jurisdiction over their residence immediately before filing the naturalization application or the examination if the application was filed early.
6. Continuous Residence Post-Application
   • The applicant must maintain continuous residence in the U.S. from the date of application through admission to citizenship.
7. Good Moral Character
   • The applicant must demonstrate good moral character for all relevant periods, adhere to the principles of the U.S. Constitution, and be favorably disposed toward the good order and happiness of the United States.
8. Compliance with Other Naturalization Requirements
   • The applicant must meet all other naturalization requirements outlined in 8 CFR § 316, except those waived under section 319(a).

Understanding Marital Union

Living in a marital union with a U.S. citizen involves actual cohabitation with the spouse. Applicants bear the burden of proving that their marital union satisfies legal requirements. Key considerations include:

1. General Rule
   • The applicant must reside with their U.S. citizen spouse to qualify.
2. Loss of Marital Union
   • The marital union is deemed to cease if the applicant’s spouse dies, the couple divorces, or the U.S. citizen spouse expatriates before the applicant’s admission to citizenship. Remarrying another U.S. citizen does not restore eligibility.
3. Separation
   • Legal Separation: Any formal legal separation disrupts the continuity of the marital union.
   • Informal Separation: Informal separations are evaluated on a case-by-case basis to determine their impact on the marital union.
   • Involuntary Separation: Prolonged involuntary separations due to circumstances beyond the couple’s control (e.g., military service or work demands) do not disrupt the marital union.

Physical Presence Requirement

Applicants must satisfy the physical presence requirement by spending at least 18 months in the United States during the three-year period preceding their application. Notably, if the applicant has never been physically present in the U.S., eligibility under section 319(a) cannot be established, even if the couple resided abroad in a marital union.

Final Considerations

Naturalization under section 319(a) provides a valuable opportunity for spouses of U.S. citizens to obtain citizenship through an expedited process. However, the requirements are stringent, and applicants must carefully document their eligibility. Working with an experienced immigration attorney can ensure compliance with these criteria and streamline the naturalization process. For tailored guidance and assistance with your naturalization application, please schedule a consultation with one of our experienced immigration lawyers.

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