Citizenship for Military Family Members

Spouses of U.S. service members may qualify for expedited naturalization while living outside the United States. Additionally, children of service members might be eligible for naturalization or may automatically acquire citizenship.

Expedited Naturalization for Spouses of Service Members

Spouses of U.S. citizen service members who are (or will be) stationed outside the United States may qualify for expedited naturalization under section 319(b) of the Immigration and Nationality Act (INA).

To apply for naturalization under INA 319(b), you generally need to:

• Be at least 18 years old.
• Demonstrate that your spouse is a U.S. citizen currently serving or scheduled to serve abroad as a U.S. service member for one year or more.
• Be authorized to accompany your spouse overseas according to their official orders.
• Be a lawful permanent resident present in the U.S. during your naturalization application interview.
• Be physically present in the U.S. at the time of naturalization.
• Declare your genuine intent to live abroad with your U.S. citizen spouse and return to the U.S. immediately upon your spouse’s completion of their overseas service.
• Have the ability to read, write, and speak basic English.
• Possess a basic understanding of U.S. history and government.
• Have demonstrated and continue to demonstrate good moral character, commitment to the principles of the U.S. Constitution, and a positive disposition toward the welfare and happiness of the U.S. throughout all relevant periods as required by law.

Spouse of deceased service member

Spouses of U.S. service members who died in combat during specific periods of conflict may be eligible to self-petition for permanent resident status in certain situations. Here are the additional requirements for this group:

• Your spouse was either a permanent resident or a U.S. citizen.
• Your spouse served honorably and was killed while on active duty.
• You were married and “cohabiting” with your service member spouse at the time of their death. (Time spent living separately due solely to the service member’s deployment is considered as time living together.)
• You must be a permanent resident at the time of the naturalization interview. If you are not a permanent resident, you may still be able to self-petition for residency based on the death of your U.S. service member spouse who died during active duty in certain periods of conflict.

Naturalization or Citizenship for Children of Service Members

Certain children of U.S. service members or U.S. government employees, and children of their spouses, may automatically acquire citizenship under section 320 of the INA. This may include children of parents who are stationed and residing outside of the United States. 

Conclusion

Citizenship pathways for military family members offer valuable advantages, making the naturalization process more straightforward and promoting family cohesion during service. These provisions acknowledge the special sacrifices of military personnel and their families, enabling spouses and children to maneuver through the immigration system with enhanced support and flexibility. Knowing the eligibility requirements and available benefits is essential for making well-informed choices.

The forms and steps can be complicated, and a mistake may result in delays or rejections of your application. Immigration laws can be quite detailed, and a knowledgeable attorney can help navigate the specific rules that pertain to military families, including any exceptions and expedited options.

In our Law Firm we offer advice on eligibility criteria, assist in collecting necessary documents, and prepare families for interviews. This assistance is particularly valuable in reducing stress and uncertainty, enabling military personnel and their families to concentrate on their service and duties.