Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

How to Apply for Naturalization if your American Spouse is Stationed Abroad

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However, what about Vietnamese citizens who are married to an American citizen but their American spouse is living overseas in Vietnam for employment reasons?

To address this situation, Act 319(B) of the Immigration and Nationality Act (INA) provides for an exception to the residency requirement for a Vietnamese spouse married to a U.S. citizen provided that the U.S. citizen is “regularly stationed abroad” under a qualifying employment. A qualifying employment abroad means that the American spouse must be stationed abroad for at least one year under an employment contract or order in any of the following entities or position:

  • Government of the United States (including the U.S. armed forces)
  • American institution of research recognized by the Attorney General;
  • American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary thereof;
  • Public international organization in which the United States participates by treaty or statute;
  • Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or
  • Engaged solely as a missionary by a religious denomination or by an interdenominational organization having a bona fide organization within the United States.

To qualify for naturalization under Act 319(B) of the INA, the Vietnamese spouse must establish that he or she meets the following criteria:

  • 18 years or older at the time of filing;
  • A lawful permanent resident at the time of filing of the naturalization application;
  • Continue to be the spouse of the U.S. citizen regularly stationed abroad in qualifying employment for at least one year;
  • Married to a U.S. citizen regularly stationed abroad in qualifying employment for at least a year; Has a good faith intent to reside abroad with the U.S. citizen spouse upon naturalization and to reside in the United States immediately upon the citizen’s termination of employment abroad;
  • Establish that he or she will depart to join the citizen spouse within 30 to 45 days after the date of naturalization;
  • Understanding of basic English, including the ability to read, write and speak;
  • Knowledge of basic U.S. history and government;
  • Demonstrate good moral character for at least three years prior to filing the application until the time of naturalization;
  • Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant period under the law.

Although the process appears straightforward, it is still an unusual case to handle for USCIS officers. In fact, many USCIS officers have never handled such a case and may be unaware of the exception granted under Act 319(B). Applicants are advised to take note of the laws and procedures in applying for naturalization under A 319(B) of the INA.

 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Incoming Trump Administration Looks to Deport Migrants to Third-Party Countries

The incoming Trump administration is preparing a list of countries to which it may deport migrants if their home countries refuse to accept them, according to sources. These countries include Turks and Caicos, the Bahamas, Panama and Grenada. If implemented, it could result in thousands, if not hundreds of thousands of migrants being displaced in countries where they do not know anybody, do not speak the language nor have any connection to the culture. It also remains unclear that if deported to those third-party countries whether those newly arrived migrants would be legally allowed to work and remain in those countries. It is also unknown what kind of pressure – either economic or diplomatic – is being applied to force those countries to agree to accept certain migrants once President-elect Trump’s term begins on January 20, 2025. Migrants from Venezuela, Cuba, China, and other countries that have been reluctant to

Read more >

What is CBP Preclearance?

CBP Preclearance refers to a program operated by the U.S. Customs and Border Protection (“CBP”) that allows U.S. bound travelers to complete immigration, customs, and agriculture inspections before departing for the United States, rather than upon arrival at a U.S.  Port-of-Entry. This process occurs at designated preclearance locations outside the U.S., typically at foreign airports. Key Features of CBP Preclearance: CBP is continuously exploring opportunities to expand the preclearance program to additional international locations, aligning with its goal of improving travel efficiency while enhancing national security. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St, Thao Dien Ward,   District 2, Thu Duc City   Ho Chi Minh City, Vietnam    Tel: +84 933 301 488   Email: info@enterlinepartners.com   Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ   YouTube: @EnterlineAndPartnersConsulting   Website: http://enterlinepartners.com    Manila, Philippines Office    LKG Tower 37th Floor  6801 Ayala Avenue   Makati City, Philippines 1226    Tel: +63

Read more >
EB-5

Philippines Ambassador to the U.S. Urges Undocumented Philippines Citizens to Leave Voluntarily

Philippines Ambassador to the United States, Jose Manuel Romualdez said it would be better for undocumented Philippines citizens to voluntarily leave the U.S. rather than be deported. Ambassador Romualdez made these comments following Donald Trump being elected as the 47th President of the United States and Trump’s appointment of Thomas Homan as the “border czar”. The Ambassador noted that while nearly 200,000 Philippines citizens who are in the U.S. illegally have started the process to obtain lawful permanent residency, a 2023 report by Migration Policy Institute lists the Philippines as the 6th largest source of illegal immigrants with a population of nearly 310,000. Enterline and Partners emphasizes that the proposed mass deportation orders will primarily apply to those in the United States illegally with criminal records awaiting deportation. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St,

Read more >