In the complex system of the United States immigration laws, there are certain rules which provide some degree of hope for the immigrant wishing to become a US citizen. One of them permits spouses of the citizens of the U. S. to apply for naturalization after spending only 3 years in the capacity of permanent residents if the criteria are met but it is not easy when the partner who is a citizen dies, the rest of the process will be much more challenging. In this article, we will look at what happens to an immigrant’s naturalization process when their spouse dies.
The Three-Year Rule
Consider a person who immigrates and becomes a green card holder through marriage to a U.S. citizen and look forward to applying for citizenship by taking advantage of the rule which means they have lived with their spouse for 3 years and they can apply for naturalization.
The Tragic Turn of Events
But life is unpredictable. If the U.S. citizen spouse dies before the immigrant spouse submits their naturalization application, it raises a crucial question: Can the immigrant still pursue naturalization under the three-year rule?
The Legal Reality
Unfortunately, U.S. immigration law is clear on this issue. The provision allowing immigrants to apply for naturalization after three years of marriage becomes null and void if the U.S. citizen spouse dies. This is outlined in the Immigration and Nationality Act (I.N.A.) § 319(a) and further clarified in the Code of Federal Regulations (8 CFR § 319.1(b)(2)(i)), which states that a person is ineligible for naturalization as the spouse of a U.S. citizen if the marital union ends due to death.
The Waiting Game
With the three-year rule no longer applicable, the immigrant spouse must follow the standard requirements for naturalization. This typically means waiting five years minus 90 days before submitting an N-400 application, unless other exceptions apply. Understanding these waiting periods is crucial for immigrants preparing to apply for citizenship.
The Implications of Timing
Even if the immigrant spouse had submitted their N-400 application before the U.S. citizen spouse’s death, they would not be allowed to proceed with the swearing-in ceremony if they had relied on their spouse’s citizenship to apply early. The U.S. Citizenship and Immigration Services (USCIS) policy manual is clear: an applicant is ineligible for naturalization as the spouse of a U.S. citizen if the spouse dies before the applicant takes the Oath of Allegiance.
The loss of a U.S. citizen spouse is a profound and life-altering event. When this happens, the path to naturalization under the three-year rule is no longer an option. Immigrants must face the reality of waiting the standard period before continuing their pursuit of U.S. citizenship. Navigating this complex legal landscape often requires the guidance of experienced immigration professionals who can provide clarity and support during such difficult times.
Understanding the implications of a U.S. citizen spouse’s death on one’s immigration journey is the first step toward making informed decisions and seeking the appropriate legal counsel to navigate the challenges ahead.
