Immigration Law Associates, PC

USCIS Policy Update on Marital Union and Naturalization

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U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance on the married and living in marital union requirements for naturalization under section 319(a) of the Act.

Lawful Permanent Residents applying for naturalization under the three year provision, are eligible to file for naturalization if they have continuously resided in the U.S. for a period of three years and are married to a U.S. citizen.  In general, all naturalization applicants filing under the basis of marriage to a U.S. citizen must continue to be married from the time of filing the naturalization application until the Oath of Allegiance.

The new policy update clarifies that the applicant spouse and their U.S. citizen spouse must have been living in marital union for at least three years immediately preceding the date of filing for naturalization. It also reaffirms that the termination of the marriage at ANY time before the applicant takes the Oath of Allegiance for naturalization makes the applicant ineligible under INA 319(a).  A termination of the marriage also applies to legal separation or death of the U.S. citizen spouse.


Citation: Volume 12: Citizenship and Naturalization, Part G, Spouses of U.S.Citizens, Chapter 2, Marriage and Marital Union for Naturalization [12 USCIS PM G.2].



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