Lee & Garasia, LLC
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Posts tagged "319"

Divorce Prior to Oath Ceremony Can Result in Denial of 319 Citizenship Application

USCIS recently clarified that lawful permanent residents applying to naturalize on the basis of marriage to a US Citizen must not only demonstrate "living in marital union" with their spouse three years immediately prior to filing, but also that termination of the marriage at any time prior to the Oath of Allegiance renders an applicant ineligible under section INA 319(a). We have seen this second provision being strictly applied to deny naturalizations applications where the applicant divorces after passing the examination but prior to the oath ceremony. Practically speaking, this may not affect residents in states that administer the oath the same day as the interview, such as New Jersey. In general, however, most states regularly schedule the oath ceremony many months after the applicant has passed the examination. This gap can, in some cases, be quite long, especially if background checks are being conducted, an officer needs to look into something, or on occasion, neglects to finish reviewing the file. In the interim, an applicant's marital situation may rapidly deteriorate and the couple may seek a quick dissolution. Unfortunately, if this occurs prior to the oath, the applicant has technically fallen outside the boundaries of INA 319, the section of the law that allows green card holders to apply after only three years marriage to a US Citizen (versus the normal requirement of five years permanent residence prior to becoming eligible). This is one reason why applicants are expected to review and complete a questionnaire on the day of the oath verifying that certain information has not changed, ie., address; arrests; trips outside the US; and in this case, marital status.

PROFESSIONAL RECOGNITION

    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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