THE ABC'S OF IMMIGRATION - NATURALIZATION – RESIDENCY REQUIREMENTS, PART II

Last week we discussed the general residency requirements for people seeking naturalization.  This week we will cover the requirements for spouses of US citizens and other special classes. 

One of the most important benefits spouses of US citizens have with regard to naturalization is that they make seek US citizenship after only three years as a permanent resident, rather than five, as is generally the case.  As is the case under the general rule, one half of this time must be spent physically in the US.  The couple must have been living in marriage for the entire three years, and the citizen member of the couple must have been a citizen for the entire three year period.  Should the couple no longer be living together as husband and wife, the residency requirement for naturalization will revert to the normal five years.

Under section 319(b) of the Immigration and Nationality Act, spouses of US citizens who are employed abroad also benefit from an expedited naturalization process.  The US citizen must be employed by a qualifying organization, which can be:

·        The US government,

·        A recognized US research institution,

·        A US business engaged in foreign trade,

·        An international organization of which the US is a member or participant, or

·        A religious denomination, for the purpose of performing religious work,

 The regulations specify that the citizen spouse’s employment abroad must be for a period of at least one year, but if this requirement is met, the naturalization application can be filed before the employment abroad begins.  Also, there is no minimum required residence in the US, nor a minimum period for which the applicant must have been a permanent resident.  The applicant must, however, declare their intention to reside permanently in the US upon the termination of their spouse’s foreign employment.  

Unfortunately, many INS officials are not familiar with this rule and we have received numerous reports over the years of people who encountered difficulties as a result of INS officials failing to grasp the actual law on this subject.