Marriage and Living in Marital Union Policy Alert

USCIS clarifies Marriage and Living in Marital Union requirements for Naturalization

On October 12, U.S. Citizenship and Immigration Services (USCIS) updated its USCIS Policy Manual to clarify the Marriage and Living in Marital Union requirements under section 319(a) of the Immigration and Nationality Act (INA). Furthermore, the policy alert addresses a discrepancy between the INA and Code of Federal Regulations (CFR).

The policy is effective immediately and comments are due by October 25, 2018.

Clarifications

Generally, all naturalization applicants filing on the basis of marriage to a U.S. Citizen must continue to be married from the time of filing for naturalization until the applicant takes the Oath of Allegiance for naturalization. In addition, the statute requires that the applicant and the U.S. Citizen spouse to have been “living in marital union” for at least three years prior to filing the naturalization application.

Also, in the policy alert, USCIS reaffirms that if the marriage terminates at any time before the applicant spouse takes the Oath of Allegiance for naturalization, then the applicant is no longer eligible for naturalization specifically under INA 319(a).

What has changed

While the statutory provisions already require the three-year period of living in marital union for naturalization, the policy alert addresses a discrepancy between the INA and the CFR, which states that the spouses must be living in marital union up until the date of examination for naturalization. In this case, USCIS has decided the Act’s language takes precedence.

For Further Information

USCIS pages for naturalization.

Read about other recent changes to INA 319(a).

Read about changes to spousal work permits and USCIS’s plans to overhaul visa policy.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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This information is taken from AILA Doc. No. 18101230.