Speech #900204388

Mr. Speaker. to be eligible for naturalization under existing law. an alien who is the spouse of a U.S. citizen must show that during the 3 years immediately preceding the date of filing her petition. she has resided continuously within the United States after being lawfully admitted for permanent residence. she has been physically present in the United States for periods totaling at least onehalf of this 3year period. she has resided within the State in which the petition is filed for at least 6 months. and has continuously lived in marital union with the citizen spouse during these 3 years. An alien who is not married to a U.S. citizen. or one who is widowed before the final hearing. must fulfill the above requirements for 5 instead of 3 years. On several occasions in recent months. the wife of a serviceman had petitioned for naturalization. had complied with all of the requirements except the final hearing in naturalization court. but was unable to become naturalized. for shortly before the final hearing. her eligibility failed when her U.S. citizenhusband was killed in Vietnam. The denial of the naturalization petition must follow. for under the present law. the alien spouse of a U.S. citizen applying for naturalization on the basis of resulting exemptions from the usual residence requirements in the law. must be a "spouse" right up to the final hearing on the petition when citizenship is conferred by the courts. This bill specifically provides that no specified period of physical presence or residence within the United States. or specified period during which the citizen spouse was a citizen. or specified period of marital union with such citizen spouse. shall be required In respect to a petition for naturalization. This bill will therefore permit immediate naturalization for an alien. male or female. widowed by the death of the U.S. citizen spouse on active duty in the U.S. Armed Forces. provided the alien has been admitted to the United States for permanent residence. was living in marital union with the U.S. citizen at the time of his death. and is otherwise qualified for naturalization. The committee amendment substitutes new language for that originally proposed to achieve the abovestated purpose. The original language would have required the allen to have lived in continuous marital union from date of marriage up to the time of death. without allowing for possible separation and reconciliation. and 3 years continuous residence in the United States before being eligible to naturalize.