319(b) Naturalization Overview:
Expedited Naturalization is available to certain spouses of U.S. citizens who are working outside of the United States. INA 319(b) allows for qualifying permanent residents to immediately gain citizenship by taking the oath of naturalization while in the United States.
Who Qualifies for 319 (b) Naturalization?
Expedited naturalization is available to spouses of U.S. citizens who work overseas, expect to continue working overseas for at least the next year, and are working as:
- An employee of the U.S. Government,
- An employee of an American Institution of Research,
- An employee of an American Firm or Corporation that is “engaged in whole or in part in the development of foreign trade and commerce,”
- An employee of a public international organization in which the United States participates by treaty statute,
- A person “authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States,” or
- A person “engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States”
Practical 319(b) Considerations
Naturalization Ceremony Must Be In United States
It is necessary for the applicant to become naturalized in the United States. This means that applicants who are residing overseas must travel to the United States for the naturalization interview, test, and oath ceremony. Given that required travel, it is necessary to determine the logistics involved before submitting a 319(b) submission.
Conditional Permanent Residency and 319(b) Naturalization
An applicant must be a permanent resident (green card holder) before using 319(b) to become a naturalized citizen. Many newly married applicants will only have conditional permanent residency. Having conditional permanent residency does not bar one from obtaining 319(b) naturalization. However, it can raise some complications that must be addressed during a 319(b) naturalization application.
More 319(b) Expedited Naturalization Information
For further 319(b) information, please contact the immigration law firm.