Expedited Naturalization for Spouses of U.S. Citizens Employed Abroad

Under Section 319(b) of the Immigration and Nationality Act (INA), the spouses of United States citizens employed by certain employers overseas, are allowed to apply for citizenship and naturalize without having to meet the residency requirements normally required to become a United States citizen. The purpose of INA section 319(b) is to allow lawful permanent residents (green card holders) to reside abroad with their U.S. citizen spouses without being afraid of losing their green card status or becoming ineligible for naturalization. In fact, without this law, many U.S. citizens who are married to green card holders might be reluctant to take jobs overseas.

Generally, a Lawful Permanent Resident (LPR) is required to be present in the United States after admission as an LPR for his or her naturalization examination and for taking the Oath of Allegiance for naturalization. However, a spouse of a member of the U.S. military applying under this provision may also qualify for naturalization under INA 316(a) or INA 319(a), which could permit him or her to be eligible for overseas processing of the naturalization application, to include interviews, filings, oaths, ceremonies, or other proceedings relating to naturalization. 

Eligibility Requirement to Qualify for Naturalization under INA section 319(b)

In order to qualify for expedited naturalization under INA Section 319(b), an applicant must meet the following requirements:

• Age 18 or older at the time of filing.
• Must be a Lawful Permanent Resident at the time of filing the naturalization application.
• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.
• Married to a U.S. citizen spouse regularly stationed abroad in qualifying employment for at least one year.
• Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen spouse's termination of employment abroad.
• Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization.
• Understanding of basic English, including the ability to read, write, and speak.
• Knowledge of basic U.S. history and government.
• Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization.
• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law.

Application Procedures

Unlike under the normal naturalization process, an applicant seeking expedited naturalization can apply while outside the United States. The applicant will only need to re-enter the United States to interview with a USCIS officer, and to be sworn in as a United States citizen. At the time an applicant applies for expedited naturalization, they can choose which USCIS field office they want to process their application.

When choosing a field office, there are several factors to consider. First, application processing times vary from field office to field office. In addition, some field offices are better able to accommodate travel plans better than other offices. Finally, some offices offer the option to be sworn in as a United States citizen the same day as the naturalization interview while other offices do not.

Speak to a Knowledgeable Immigration Attorney Today

Applying for expedited naturalization is a complicated and time-consuming process. There are many documents and specific information that needs to be provided to USCIS. In addition, it can be confusing trying to navigate which USCIS field office to apply at and how to make adequate travel plans to complete the naturalization process.

If you or someone you know would like assistance with expedited naturalization, please contact us today and we will be glad to represent you. Attorney Emmanuel Asiriuwa is very experienced with INA Section INA 319(b) and has helped applicants apply for expedited naturalization.

Call us! We are here to help you!