In a previous post, we covered the eligibility requirements for becoming a U.S. citizen through the naturalization process. Under the continuous residence requirement, a naturalization applicant must show that they have resided continuously in the United States after being admitted as a lawful permanent resident (LPR) for at least 5 years (3 years if married to a U.S. citizen) prior to filing the naturalization application and up to the time of being naturalized.
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For those that came to the U.S. on a valid non-immigrant visa, and then through the course of their studies or while working at their job they met someone, got engaged and are now married, it might come as quite a surprise that the immigration laws are very forgiving to people who overstay their visas under these circumstances. In fact, this happens quite regularly in the U.S.
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Engagement and marriage to a U.S. Citizen is by far the most direct and immediate path to securing legal immigration status in the United States. For that very reason, the United States Citizenship and Immigration Service (“USCIS”) reviews each and every application under a heightened level of scrutiny in an attempt to uncover any evidence of immigration fraud or misrepresentation. Since the path to citizenship is shortened and simplified for individuals who are married to U.S. citizens, the potential for abuse of the system is intensified. Our current immigration laws were written favorably towards fiancés and spouses in an effort to not only promote family unity, but also to ensure that the law was not a direct obstacle to keeping families together. Given the public policy interests for providing this fast track to fiancés and spouses, it is important to note that, despite increased scrutiny, bona fide relationships and marriages will easily overcome any hurdles faced during the application process.
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