Exceptions to Naturalization Eligibility Requirements

Naturalization Exceptions to Eligibility Requirements: There are some exceptions, waivers or special cases to the general eligibility requirements.

Spouses of US Citizens: Some of the time requirements are different for those Lawful Permanent Residents who are married to U.S. Citizens and who are applying for naturalization. An LPR may file for Naturalization after only 3 years if they meet all of the other naturalization requirements and:

  • Have been married to and living in marital union with the USC spouse for three years
  • You have continuously resided in the U.S. for residence in the U.S. as an LPR for 3 years immediately preceding the date of filing the application and up to the time of admissions to U.S. Citizenship
  • Be physically present in the U.S. for at least 18 months out of 3 years immediately preceding the date of the filing of the application
  • Meet all of the other naturalization requirements

When US Citizen Spouse is Stationed Abroad:  Some Lawful Permanent Residents may not have to comply with the residence or physical presence requirement when the U.S. Citizen spouse is employed abroad by:

  • The U.S. Government
  • American research institutions that are recognized by the Attorney General
  • S. research institutions
  • Certain recognized U.S. religious institutions
  • An American company engaged in the development of foreign trade and commerce of the U.S.
  • Certain public international organizations involving the U.S.

Children: There are several ways foreign born children (under the age of 18) and whose parent or parents are U.S. Citizens may acquire evidence of citizenship.

  • U.S. Citizen Parent(s) may apply for certificate of citizenship
  • Adopted children of U.S. Citizen parents may acquire citizenship.

Veterans of the U.S. Armed Forces:  Under certain circumstances, if you have served in the U.S. Armed forces, you may be eligible to file for naturalization based on your prior or current military service. Additionally, applicants may be excused from the residence requirement and the physical presence requirement.

Military Personnel and Dependents:   For a member or veteran of the U.S. armed forces, the general requirements for naturalization are as follows:

  • Demonstrate good moral character
  • Demonstrate knowledge of the English language
  • Demonstrate knowledge of the U.S. government and history
  • Demonstrate attachment tot eh principles of the U.S. Constitution,
  • Take the oath of allegiance
  • If you are a current Armed forces member or are recently separated from service, you may qualify if you have served honorably in active or reserve duty for a year or more, are a lawful permanent resident an you apply while in the service or within 6 months of being separated.
  • If you are a currently serving member

Family Based Survivor Benefits:  Immediate relatives of a U.S. armed forces member who died as a result of combat while in an active duty status may be eligible for certain survivor immigration benefits including citizenship.