What Every Green Card Holder Living Abroad Should Know About INA 319(b)

If you're a green card holder living abroad because your U.S. citizen spouse serves as a missionary, or works for the U.S. government, there's a path to citizenship most people don't know about.

It's called INA 319(b).

Normally, to become a U.S. citizen, you need to show continuous residence and physical presence in the United States. If you've been living overseas, you can't meet those requirements. And typically, you need to wait three years as a green card holder married to a U.S. citizen before you can even apply.

But 319(b) changes both of those requirements.

If your U.S. citizen spouse will be regularly stationed abroad in qualifying employment for at least one year, the residence and physical presence requirements are waived. And you can apply immediately after getting your green card. You don't have to wait.

Qualifying employment includes:

- Ministers or missionaries for U.S. religious organizations

- American firms engaged in foreign trade and commerce

- U.S. government positions

- Military service

- American research institutions

- Public international organizations

If your spouse falls into one of those categories, you don't need to show any specific period of residence or physical presence in the U.S. to naturalize.

There are other requirements, including that you intend to reside abroad with your spouse and that you depart the U.S. 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 the difference between being stuck in limbo and actually becoming a citizen. This is especially worth knowing if you're a foreign national marrying a U.S. citizen who is stationed abroad in one of these qualifying roles.

A client found me recently through an article I wrote about this a few years ago. She said she almost gave up searching because she didn't know what to look for. She didn't know this section of the law existed.