Rules
applicable to spouses of US citizens and Veterans
of US Armed Forces
Spouses
of U.S. Citizens
The US rules
for American citizenship have special qualifications
for spouses of US citizens. For example, certain lawful
permanent residents married to a U.S. citizen may
file for naturalization after residing continuously
in the United States for three years if immediately
preceding the filing of the application:
- the applicant has been married
to and living in a valid marital union with the
same U.S. citizen spouse for all three years;
- the U.S. spouse has been a
citizen for all three years and meets all physical
presence and residence requirements; and
- the applicant meets all other
naturalization requirements.
The US rules
for American citizenship also provide exceptions for
spouses of US citizens stationed or employed abroad.
For example, some lawful permanent residents may not
have to comply with the residence or physical presence
requirements when the U.S. citizen spouse is employed
by one of the following:
- the U.S. Government (including
the U.S. Armed Forces);
- American research institutes
recognized by the Attorney General;
- recognized U.S. religious organizations;
- U.S. research institutions;
- an American firm engaged in
the development of foreign trade and commerce
of the United States; or
- certain public international
organizations involving the United States.
Veterans
of U.S. Armed Forces
Pursuant to
US rules for American citizenship, certain applicants
who have served in the U.S. Armed Forces are eligible
to file for naturalization based on current or prior
U.S. military service. Such applicants should file
the N-400 Military Naturalization Packet.
Lawful
Permanent Residents with Three Years U.S. Military
Service
Exceptions
are provided by the US rules for American citizenship
for individuals who are lawful permanent residents
and have served for three years in the U.S. military.
Specifically, those individuals are excused from any
specific period of required residence, period of residence
in any specific place, or physical presence within
the United States if an application for naturalization
is filed while the applicant is still serving or within
six months of an honorable discharge.
To be
eligible for these exemptions, an applicant must:
- have served honorably or separated
under honorable conditions;
- completed three years or more
of military service;
- be a legal permanent resident
at the time of his or her examination on the application;
or
- establish good moral character
if service was discontinuous or not honorable.
It is important
to note that the US rules for American citizenship
allow that applicants who file for naturalization
more than six months after termination of the three
years of service in the U.S. military may count
any periods of honorable service as residence and
physical presence in the United States.
An applicant
who has served honorably during any of the following
periods of conflict is entitled to certain considerations:
- World War I - 4/16/17 to
11/11/18;
- World War II - 9/1/39 to
12/31/46;
- Korean Conflict - 6/25/50
to 7/1/55;
- Vietnam Conflict - 2/28/61
to 10/15/78;
- Operation Desert Shield/
Desert Storm - 8/29/90 to 4/11/91; or
- any other period which the
President, by Executive Order, has designated
as a period in which the Armed Forces of the
United States are or were engaged in military
operations involving armed conflict with hostile
foreign forces.
Basically, anyone
who has served during any of the conflicts listed
above may apply for naturalization based on military
service after the qualifying service and the requirements
for specific periods of physical presence in the
United States and residence in the United States
are waived. |
