The Expeditious Naturalization Guide Overview

Naturalization is the process of committing to the U.S. as a citizen. Eligible green card holders can apply for naturalization, take an English language and civics test, go through an interview, and ultimately swear the oath of allegiance. For immigrants, it’s the final step towards becoming an American and creating the ideal life they dream of. Naturalization typically requires that you have a green card and continuous residence in the U.S. for five years, or three years if married to a U.S. citizen.

If you are abroad married to a U.S. citizen who is working overseas and you plan to become a U.S. citizen, the expeditious naturalization can be the solution to your American dream together. This post will provide a quick overview of the two main parts of the process and the eligibility requirements.

What is the Difference Between Naturalization and Expeditious Naturalization?

Expeditious naturalization is a special process for spouses of U.S. citizens who are living and working overseas. It helps spouses of U.S. citizens to become citizens more quickly by waiving the usual residency requirements for U.S. citizenship. Section 319(b) of the Immigration and Naturalization Act ensures that your path to U.S. citizenship isn’t hindered, even if your spouse is stationed abroad by the military or a civilian employer.

The expeditious naturalization process can take place before the spouse of the U.S. citizen leaves the country or during a convenient time, such as leave, ensuring that their journey to citizenship is not delayed by their spouse’s overseas assignment. Expeditious naturalization can be a spouse’s ticket to becoming a U.S. citizen with several benefits including:

• The ability to vote
• The ability to travel freely with a U.S. passport and enter and exit the country without restrictions
• Faster reunification of families

Eligibility for Expeditious Naturalization

Before submitting the application, you must see if you are eligible or not. You will still need to be a lawful permanent resident (green card holder) and must be married to a U.S. citizen. You are not required to have lived together, but must show an intent to do so.

The U.S. citizen spouse, your husband or wife, must be employed (not as an independent contractor or owner-employee) by one of the following:

• The U.S. government, including the military
• An American firm or corporation engaged in the development of foreign trade and commerce of the United States, or a subsidiary
• An American research institution
• A public international organization in which the U.S. participates, such as the World Health Organization
• A religious denomination or interdenominational mission organization with an organization within the U.S.

In other words, U.S. citizens working overseas for foreign companies don’t count, nor do “digital nomads”. You must be in the United States for the naturalization interview and the oath ceremony and depart no later than 45 days afterwards to live with your spouse unless they are restricted from doing so. One example is if your spouse is currently in a war zone. He or she will also have to declare that they will return to the United States with you once the employment or duty ends.

How the Application Process Works

There are several ways the application submission works. You might be breathing a sigh of relief when you hear you don’t need to be in the United States to submit the application.

1. Submit the N-400 Form.

• The required form is the N-400 and the fee is $710 online or $760 by mail. If applying from overseas or online you will need to get yourself fingerprinted and provide necessary documentation. You also have the option to do the biometrics in the United States or the Embassy in your location depending on where you are.
• Your spouse’s employer may offer naturalization assistance. This is especially if he or she works for the government.

2. Naturalization Interview in the U.S.

• Once the application is submitted, you must be ready to be in the United States for your interview. You can be interviewed at any USCIS office, but should find one that routinely processes 319(b) applications. Some employers may recommend a specific office to complete the interview.
• Your interview will be scheduled as soon as the background check is completed. You may request specific dates, but there’s no guarantee that you’ll get those dates. It will include the same testing requirement as any other naturalization interview. The interview is a test of your English language skills with reading, writing, and speaking sections. There will also be a civic exam evaluating your knowledge of U.S. history and government.

3. Receive Certificate of Naturalization based on Expeditious Naturalization.

• The naturalization oath ceremony will typically take place on the same day or one day after the interview for some offices, without the normal waiting period, because of the 45 day departure requirement. This can be beneficial for couples who want this done within one trip to the United States. You will officially become a U.S. citizen upon taking the oath and be issued a naturalization certificate.
• You can apply for a U.S. passport and update your social security number. While you are no longer subject to residency requirements for naturalization, we recommend you to continue maintaining ties to the United States.

Reach Out to HBM Law for Expeditious Naturalization Services

What if you could approach your expeditious naturalization process with confidence, knowing all the right things and answers? Imagine feeling prepared and ready. Navigating this process is overwhelming, especially if you’re doing so from overseas (and potentially worried about losing your permanent residency status due to abandonment). You will require an experienced immigration lawyer by your side. 

If you think you or your spouse may be eligible for expeditious naturalization, schedule a consultation with our immigration law attorney, Principal Attorney Himani Bhardwaj and contact HMB Law for legal advice and assistance. We know how complicated U.S. immigration law is from personal experience, and will support you through the process.