Naturalization Approved for Huntington Beach Client Under INA 319(a) Based on Spouse of US Citizen for Three Years
We recently received the good news that one of our Huntington Beach clients was approved for naturalization. Although the client has been a permanent resident for ten years, we filed the N-400 under INA 319(a). The client had a criminal conviction that occurred four years ago, and we wanted the statutory time period to be three years as opposed to five years.
Under INA 319(a), a lawful permanent resident may apply for naturalization if he has been married to a US citizen for at least three years, and the couple has been living in marital union for three years. The permanent resident must be a lawful permanent resident for at least three years. The benefit of the INA 319(a) is that it shortens the continuous residency requirement and good moral character requirement to three years.
There is more work involved in a 319(a) case because we must prove the couple has been living together. USCIS officers scrutinize these cases more than normal N-400 cases.
The interview went relatively smooth. We provided substantial evidence regarding the marriage. The officer asked many questions about the criminal conviction and we provided the necessary conviction records; however, I had to explain to the officer why my client was eligible to naturalize under INA 319(a). Eventually, I asked to speak to a supervisor who I had worked with many times previously. She agreed with my assessment and the officer eventually approved the case.
If you are considering the naturalization process, contact The Nunez Firm to schedule a consultation. We handle many naturalization proceedings every year including complex cases involving criminal convictions and routine naturalizations involving clients that want to ensure that everything will go smoothly. Managing attorney Jay Nunez will personally meet with you to discuss the facts involved with your case and whether naturalization is a viable option for you.