Citizenship Through a Family Member Serving in the U.S. Military

Spouses and children of U.S. military members may gain citizenship through them. This is fantastic news for many spouses and children from all over the world. If you are someone who believes you are eligible for citizenship, here are some of the questions you may have regarding the legal process going forward:

What are the qualifications for gaining citizenship through a U.S. military servicemember spouse?

Many spouses of U.S. service members who are either stationed abroad, or will be stationed abroad, are eligible for expedited naturalization in the United States. Some of the qualifications you must meet to apply for naturalization under section 319(b) of the Immigration and Nationality Act are as follows:

  • You must be at least 18 years old
  • You must be authorized to accompany your spouse abroad by your spouse’s explicit permission
  • You must be physically present in the United States at the time of your naturalization
  • You must be capable of reading, writing, and speaking basic English
  • You must have sufficient knowledge of United States history and civics
  • You must establish that your spouse is, indeed, a United States citizen who either is stationed or will be stationed, abroad as a member of the U.S. military for at least one year
  • You must be of good moral character, “attached to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the U.S. during all relevant periods under the law”

What are the qualifications for children of U.S. military servicemembers gaining U.S. citizenship?

In many cases, children of U.S. military servicemembers may become naturalized United State citizens without having to travel to the United States to complete the naturalization process. However, these children may only do so if they meet the following requirements:

  • The child has to be younger than 18 years old
  • The child must have at least one parent who is a United States citizen, or was a United States citizen at the time of his or her death
  • The child must reside outside of the United States in the legal and physical custody of the United States citizen parent

Contact our experienced New York City firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.