INA 319(b)- Expedited Citizenship
If you are a United States green card holder whose spouse has been offered employment abroad, you may be a bit concerned about being able to maintain your green card while traveling or living abroad with your spouse. Not to worry, the Immigration and Nationality Act provides a way for green card holders to naturalize through their spouse’s qualifying employment and to waive the physical and continuous presence requirements.
What is expedited citizenship?
Expedited citizenship is a naturalization option for spouses of U.S. citizens who have accepted qualifying employment abroad. Regardless of whether you obtained your green card through family or employment sponsorship, if you are the spouse of a U.S. citizen employed abroad, this path may be available to you.
What are the requirements to apply?
To apply for expedited citizenship, you must:
-Be a green card holder over the age of 18.
-Be married to a U.S. citizen who is regularly stationed abroad through qualifying U.S. employment.
-Continue to be the spouse of the U.S. citizen from the date of filing through when the oath is taken.
-Be willing and able to join your spouse abroad within 30 to 45 days after taking your citizenship oath.
-Demonstrate a basic understanding of English, including the ability to read, write, and speak the English language.
-Demonstrate a basic knowledge of U.S. history and Civics.
-Be a person of good moral character.
What is the advantage of applying for expedited citizenship?
There are several advantages to an expedited citizenship request. Expedited citizenship does not have a residency requirement; you can apply for expedited citizenship as soon as you are granted permanent residence (a green card) without having to wait 3 or 5 years. The expedited citizenship path also does not have a physical presence requirement. So regardless of how many days you have spent outside of the United States, you can still qualify.
What is considered qualifying U.S. employment?
Qualifying U.S. employment includes employment with or for:
-The government of the United States;
*This includes the U.S. armed forces and, in some cases, can include government contractors.
-An American institution of research recognized as such by the Attorney General;
*To see if your employer/prospective employer is recognized by the AG, please refer to https://www.uscis.gov/list-of-recognized-american-institutions-of-research-and-other-recognized-organizations
-An American firm or corporation, or subsidiary thereof, engaged in whole or in part in the development of foreign trade and commerce of the United States;
*Your employment does not have to be directly related to the foreign trade or commerce. However, to qualify as an American firm or corporation engaged in U.S. foreign trade or commerce, the entity must meet several specific criteria. Please contact the experienced team at May Law Group to see if your spouse’s employer may qualify.
-A public international organization in which the United States participates by treaty or statute;
*This includes NATO and the United Nations and all agencies or organizations which are a part thereof.
-An individual authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or
-An individual engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States.
If your spouse has been offered employment abroad, please contact the team at May Law Group to discuss your eligibility for expedited citizenship.