Naturalization under Section 319(b)

Section 319(b) of the Immigration and Nationality Act (INA) provides expedited eligibility for naturalization to permanent residents whose U.S. citizen spouse works overseas for a qualifying employer. This provision completely waives the residence and physical presence requirements meaning that the lawful permanent resident does not need to be physically present in the U.S. for at least half of the three or five year qualifying period; does not need to be resident in the state in which the application is filed for at least three months; and that continuous absences from the U.S. of six months or more will not be considered.

Naturalization for Members of the U.S. Armed Forces

Members of the U.S. Armed Forces may be eligible to apply for citizenship under special provisions of immigration law, which ease certain citizenship application requirements. There are two sections of the INA, Sections 328 and 329, that apply to military personnel, including the following branches: Army, Navy, Marine Corps, Air Force, Coast Guard, certain reserve components of the National Guard, and Selected Reserve of the Ready Reserve. For active duty members of the military, the naturalization process will be made available overseas at U.S. embassies, consulates, and where practical, military installations abroad.

Naturalization under Section 328: Lawful Permanent Residents with One Year of Military Service

Under Section 328 of the INA, if a lawful permanent resident has served in the military for a total of one year (or more) and applies for naturalization while in the service or within six months of departing the service, the residency and physical presence requirements for becoming a U.S. citizen do not apply. Additionally, there is no U.S. Citizenship and Immigration Service (USCIS) application fee. In summary, under Section 328, military personnel must meet the following criteria to become a U.S. Citizen:

  1. Honorable service in the U.S. Military for a total of one or more years
  2. Lawful permanent residence in the U.S
  3. Application for naturalization filed during military service or within six months of being discharged
  4. Good moral character
  5. Knowledge of the English language and U.S. government and history

Naturalization Under Section 329: Individuals Who Have Served in Periods of Conflict

Under Section 329 of the INA, individuals who served honorably in active-duty status in the U.S. Armed Forces during a period of military hostilities may be eligible for citizenship if they are a lawful permanent residents or if they were physically present in the U.S. at the time of enlistment, reenlistment, or induction. Similar to Section 328, the residency and physical presence requirements for becoming a U.S. citizen do not apply and there is no USCIS application fee. The period of military hostilities must be designated by Executive Order. The Expedited Naturalization Executive Order of 2002 designates September 11, 2001 to the present as a qualifying period of hostilities. Thus, under Section 329, former military personnel must meet the following criteria to become a U.S. Citizen:

  1. Honorable service during a period of military hostilities
  2. Lawful permanent residence or physically present in the U.S. at the time of enlistment, reenlistment, or induction
  3. Good moral character
  4. Knowledge of the English language and U.S. government and history