Did you know that in certain limited circumstances, you may be able to apply for U.S. citizenship before you become a permanent resident?   Normally, before you can apply for citizenship, you need to be a US permanent resident (green card) for three to five years (three if you are married to a US citizen and five if not).   However, as many of you know, there is a special provision for people who are married to US citizens who are full-time m-ssionaries outside the US.   In cases like this, the spouse of the US citizen is allowed to apply for US citizenship without any required residence in the US.

Normally, I tell people who qualify for this that it means that they can apply for US citizenship the day that they enter the US and receive US Lawful Permanent Resident status.    They do not need to wait any longer before applying.

However, if their time is tight and they need US citizenship as soon as possible, there is another option.   If you qualify to file for US citizenship as the spouse of a US citizen who is a full-time m-ssionary, then you might be able to file for citizenship even before you land in the US with your immigrant visa.   You need to file first for the immigrant visa and then you file for citizenship while you are waiting.  It might also be possible if you are currently in the US to file for citizenship while you are waiting for approval of your adjustment of status application.  I have helped one client file for citizenship before they entered the US.   I have never done it with someone applying for adjustment of status but it might be possible.

However, before you jump at this, you need to know the caveats.  The first is that you need to qualify for this m-ssionary-based citizenship process.  There are a number of requirements for this process.  The most important is that within 45 days after becoming a US citizen, both spouses need to leave the US for a year-long commitment as m-ssionaries overseas.  The second caveat is that it is somewhat risky.   You may wind up getting someone at the USCIS who doesn’t realize that this is possible and deny you (meaning that you lose the money you spent) — I know of no “official” rule saying that this can be done — it just has been something that they allowed — and they probably still do, but I can’t guarantee it.  The other problem is the fingerprints.   It used to be easy — you just got fingerprints on a fingerprint card and submitted them with the application.   However, it is more difficult to get fingerprints anymore.  There are very few places overseas which will do fingerprints that the USCIS will accept — usually only USCIS offices overseas and they have been closing and consolidating.  Finally, I have never done this for an Adjustment of Status.  I think it might work and it is easier to get fingerprinted for the USCIS in the States.  I think this would work, but you would need to want it enough to be the guinea pig!

If you think this might interest you, feel free to contact me for further information.

I hope this is interesting and helpful.   Remember that this is not legal advice.  It is just a summary of certain aspects of immigration law which may or may not apply to your situation.   I encourage you to consult an attorney if you think any of this may apply to your situation.

Gunnar Armstrong