Naturalization: Waivers, Exceptions, and Special Cases
Below are some of the Waivers, Exceptions and Special Cases to the normal waiting period of five (5) years before attaining minimum eligibility to apply for Naturalization.
Spouses of U.S. Citizens
Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:
- the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
- the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
- the applicant meets all other naturalization requirements.
There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:
- the U.S. Government (including the U.S. Armed Forces);
- American research institutes recognized by the Attorney General;
- recognized U.S. religious organizations;
- U.S. research institutions;
- an American firm engaged in the development of foreign trade and commerce of the United States; or
- certain public international organizations involving the United States.
Children of U.S. Citizens
There are several ways foreign-born children of U.S. citizens may obtain evidence of citizenship:
Generally, U.S. citizen parents of children born abroad may file a N-600 Application for Certificate of Citizenship. This form should be completed in accordance with the instructions provided and should be accompanied by 2 photographs of the child, copies of any documents that verify eligibility, and the required filing fee to be considered complete and ready to process.
Important note: Children born abroad of U.S. citizen parents derive citizenship from their parents. The Certificate of Citizenship is merely a record of citizenship - it does not confer citizenship on an applicant.
Adopted children of citizen parents acquire citizenship. For adopted children, adoptive parents file an N-643 instead of an N-600. However, adopted children over 18 must file an N-400.
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Source: U.S. Citizenship and Immigration Services
