Looking to become a United States citizen? Prior to naturalization, lawful permanent residents must satisfy certain requirements before they are eligible to apply for citizenship.
The eligibility criteria generally requires persons to have been a lawful permanent resident for a certain period of time (generally three or five years after receiving a green card); to have spent half of the required time as a lawful permanent resident living within the United States (physical presence); to be a person of good moral character; and to pass a test in U.S. history and government.
In certain cases, however, individuals who reside overseas with their U.S. citizen spouses may qualify for expeditious naturalization. Expedited naturalization allows certain spouses of U.S. military members currently stationed overseas to naturalize without meeting the normal continuous residence and physical presence requirements. In other words, the often-cited three-year-rule and five-year-rule do not apply.
Section 319(b) of the Immigration and Nationality Act allows qualifying spouses of United States citizens regularly stationed aboard to naturalize without any required period of permanent residence. Regularly stationed aboard means the citizen spouse must have at least one year remaining on his or her overseas duty at the time the application for naturalization is filed.
An applicant can file for naturalization, and that application can be approved either before the overseas assignment begins or during the overseas assignment. Other requirements for expedited naturalization include, but are not limited to, the following: (1) the spouse must be a lawful permanent resident at the time the N-400 application is filed; (2) the spouse must be physically present in the United States at the time of naturalization for the interview and the taking of the Oath of Allegiance; and (3) the spouse must show evidence that he or she will join the U.S. military member overseas within 45 days of naturalization.
While completing the N-400, the applicant can designate a specific location to conduct the interview, which may include the oath. This is important as some locations throughout the United States, Guam, Puerto Rico and the Virgin Islands have shorter processing times and may be able to conduct the interview and the oath close in time.
Along with Form N-400, there are a list of other documents an applicant is required to file. Some of those documents include two sets of fingerprints; a photocopy of the spouse's Permanent Resident Card; a DD-1278, a Certificate of Overseas Assignment to Support Application to File Petition for Naturalization; and a letter from the military member's command identifying the spouse's authorization to reside overseas with the military member and the date the member is eligible for return from overseas (DEROS).
There is also a fee associated with the application. Although the application is ultimately mailed back to the United States, the application is processed through the USCIS Rome Filed Office as this office requires prior coordination to grant an expedite request on an Application for Naturalization.
Don't delay. Expeditious naturalization is not available once the military member's overseas tour is complete.
More information can be found on the United States Citizen and Immigration Service website, www.uscis.gov.
For appointments concerning this issue and other personal legal matters, visit the Vicenza Legal Assistance Office, located at Building 166, DSN 637-8834, comm. 0444-61-8834.
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