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Living Abroad Doesn't Always Delay U.S. Citizenship: Understanding INA Section 319(b)

  • Writer: Emily Singer Hurvitz
    Emily Singer Hurvitz
  • Jul 30
  • 2 min read

A client found me last week through an article I wrote three years ago. She said she almost gave up searching. She didn't know the right words to Google.


Here's the problem: most people in her situation don't know this law exists.


Her family lives abroad. Her husband is a U.S. citizen working as a minister for a U.S.-based organization. She's a Lawful Permanent Resident. They've been overseas for years, and she wants to become a U.S. citizen.


Under normal naturalization rules, that's basically impossible. To naturalize, you typically need to show continuous residence in the United States. You need to show physical presence in the U.S. for a certain number of months. If you've been living abroad, you can't meet those requirements.


But there's a section of the Immigration and Nationality Act that most people have never heard of. INA Section 319(b).


It's an expedited naturalization process for spouses of U.S. citizens who are regularly stationed abroad in qualifying employment. This includes U.S. government employees, military service members, people working for American research institutions, and those serving as ministers or missionaries for U.S. religious organizations.


Under 319(b), the spouse doesn't need to show any specified period of residence or physical presence in the United States. The standard requirements are waived.


Instead, they need to show that their U.S. citizen spouse is regularly stationed abroad in qualifying employment, that they intend to reside abroad with their spouse, and that they'll return to the U.S. when the employment ends. They also need to leave the United States within 30 to 45 days after naturalizing.


It's a very specific provision. It doesn't apply to many people. But for the families it does apply to, it can be life-changing.


The challenge is that most people don't know to look for it.


When you're searching online for information about becoming a citizen while living abroad, you're not going to type "INA 319(b)" into Google. You don't know that's what it's called. You might search "can I become a citizen if I live overseas" or "naturalization for missionary spouse" and come up with very little.


That's why this client almost gave up. She didn't have the vocabulary to find the answer.


I wrote an article about this topic a few years ago for a legal magazine, trying to put more information out there. This isn't the first time someone has found me because of it. Each time, it's the same story. They searched for months. They didn't know this option existed. They were starting to think there was no path forward.


There was. They just couldn't find it.


If you're a U.S. Lawful Permanent Resident married to a U.S. citizen who is stationed abroad for work, whether that's military service, government employment, religious ministry, or missionary work, this provision might apply to you.


It's worth looking into before assuming you have no options.


Link of article:

 
 

© 2022 by Law Office of Emily Singer Hurvitz, PC.

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