What is the residence requirement under INA § 319(a) for an applicant married to a USC?

• A. 4 years
• B. 2 years
• C. 3 years
• D. 5 years

Answer: (C)

The residence requirement under INA § 319(a) specifies that an applicant who is married to a U.S. citizen must have been living in marital union with the citizen spouse for at least three years prior to applying for naturalization. This provision allows for a shorter residency requirement compared to the standard five years typically required for applicants who are not married to U.S. citizens.

During this three-year period, the applicant must have maintained continuous residence and physical presence in the United States, as well as demonstrating good moral character. This shortened requirement reflects the recognition of the special status of spouses of U.S. citizens, encouraging family unity and providing a more accessible path to citizenship for those in committed relationships with U.S. citizens.

A longer residency period would not apply here, as the law explicitly sets the requirement at three years for those married to a U.S. citizen, highlighting the unique nature of these applications within the immigration framework.