Expedited naturalization under 319b

[Ivana&Scott 0]

Hello guys,

I am desperate and need an advice regarding my application for expedited naturalization. Here my story:

My husband is a government (civilian) contractor, working for the US Army in Germany . His company is providing contracted services for the Department of Defense. We have lived in Germany since June of 2011 and after extensive research we felt we met the requirements to apply for expedited citizenship under section 319b of INA and decided to do so. After the obligatory mountains of paperwork and fees I submitted my application package and send it to Vermont Service Center , clearly stating in my cover letter that I want my naturalization interview and oath to go through USCIS Office in Fairfax , VA as is my right under 319b. Apparently this office has a reputation for being more familiar with 319b cases and from what I read many have gone through the process there and obtained expedited citizenship with little difficulty. How wrong I was.

After months of waiting, submitting paperwork, and going through all of the required motions (all the while never detecting any hint of a reason to believe there would be any issues or reasons not to grant citizenship), I got my Interview date for 02 November 2011. Naturally, they first gave us an interview in San Antonio, Texas (why they choose there we still have no idea) but after clearing up the mistake and securing an interview date in Fairfax, Virginia as we had requested, I purchased a ticket to the US and went to my interview. At first, all went extremely well. I went through the interview without a hitch and passed the exam, even with compliments from the IO of my knowledge of the US and her history.

Then something very unusual and certainly unexpected happened. It all came crashing down when, after it was all said and done, I asked the Immigration Officer if it is possible to get an oath ceremony the same day, because I had a returning ticket to go back to Texas next day. After congratulating me for doing so well on the exam and everything else, suddenly he told me that in my case that is not possible because my husband do not qualify 100% under section 319b and decision need to be made from somebody else who wasn’t available today at the office. Apparently they didn’t have an immigration officer who was competent enough and familiar with 319b cases present at the office on this day, and I had to call him next morning, after he spoke to another individual whose title and function was never made clear to me to find out what decision was made and if the decision was favorable, I was to come in to the office later that morning for the oath ceremony.

So, the next morning, after trying to phone him on the dot and finding him unreachable, I finally contacted him after calling every fifteen minutes until well after 8.30am . When I finally did get him on the phone, he stated that he had no news for me and fell back on his story from the day before, still insisting that that husband may not be 100% qualified to sponsor me under 319b section as a government contractor and all the while still refusing to explain exactly why.

During the entire process from start to interview day there were absolutely no indications that I would not qualify and USCIS led me to believe right up to the last minute that I qualified for this. The same evening after my naturalization interview I checked my case status online and I saw that my status changes from Testing an Interview to request of evidence. That made me more confused, because on the Interview I asked him many times if he need more additional documents and he had stated more than once “absolutely not”.

As can be expected, I am very upset with all this, as months and thousands of dollars have been utterly wasted for this and I really need to know why exactly my husband doesn’t fit 100% under section 319b and what can be done from here on out. The IO was utterly incapable of explaining to me why I do not qualify 100% and I need to wait and I strongly believe he really didn’t know but just did this to save face and not appear incompetent. I simply can not wait 120 days USCIS to decide, but do I have another choice??

Furthermore, I am put in an even more difficult position as I intentionally did not renew my work permit fearing that two pending application for USCIS would cause confusion and the incompetent staff would only make a mess out of the situation instead of realizing what I had done and why.

Now, after losing so much money I would like to obtain employment to recover some of the lost funds; yet to renew my work permit will take another three plus months and I do not know if that’s a good idea to apply right now or to wait and see if there will be a favorable decision regarding my case.

Me and my husband are beyond frustrated and are utterly at a loss as to what to do next or what course of action to take to rectify this, as we have no idea what went wrong. We are desperate for help and feel powerless to do anything as we have no idea what the problem is in the first place.

I know we need to look for a competent lawyer but please if anyone can give an advice will be highly appreciated.

[bonnerbonner 6]

Hello guys,

I am desperate and need an advice regarding my application for expedited naturalization. Here my story:

My husband is a government (civilian) contractor, working for the US Army in Germany . His company is providing contracted services for the Department of Defense. We have lived in Germany since June of 2011 and after extensive research we felt we met the requirements to apply for expedited citizenship under section 319b of INA and decided to do so. After the obligatory mountains of paperwork and fees I submitted my application package and send it to Vermont Service Center , clearly stating in my cover letter that I want my naturalization interview and oath to go through USCIS Office in Fairfax , VA as is my right under 319b. Apparently this office has a reputation for being more familiar with 319b cases and from what I read many have gone through the process there and obtained expedited citizenship with little difficulty. How wrong I was.

After months of waiting, submitting paperwork, and going through all of the required motions (all the while never detecting any hint of a reason to believe there would be any issues or reasons not to grant citizenship), I got my Interview date for 02 November 2011. Naturally, they first gave us an interview in San Antonio, Texas (why they choose there we still have no idea) but after clearing up the mistake and securing an interview date in Fairfax, Virginia as we had requested, I purchased a ticket to the US and went to my interview. At first, all went extremely well. I went through the interview without a hitch and passed the exam, even with compliments from the IO of my knowledge of the US and her history.

Then something very unusual and certainly unexpected happened. It all came crashing down when, after it was all said and done, I asked the Immigration Officer if it is possible to get an oath ceremony the same day, because I had a returning ticket to go back to Texas next day. After congratulating me for doing so well on the exam and everything else, suddenly he told me that in my case that is not possible because my husband do not qualify 100% under section 319b and decision need to be made from somebody else who wasn’t available today at the office. Apparently they didn’t have an immigration officer who was competent enough and familiar with 319b cases present at the office on this day, and I had to call him next morning, after he spoke to another individual whose title and function was never made clear to me to find out what decision was made and if the decision was favorable, I was to come in to the office later that morning for the oath ceremony.

So, the next morning, after trying to phone him on the dot and finding him unreachable, I finally contacted him after calling every fifteen minutes until well after 8.30am . When I finally did get him on the phone, he stated that he had no news for me and fell back on his story from the day before, still insisting that that husband may not be 100% qualified to sponsor me under 319b section as a government contractor and all the while still refusing to explain exactly why.

During the entire process from start to interview day there were absolutely no indications that I would not qualify and USCIS led me to believe right up to the last minute that I qualified for this. The same evening after my naturalization interview I checked my case status online and I saw that my status changes from Testing an Interview to request of evidence. That made me more confused, because on the Interview I asked him many times if he need more additional documents and he had stated more than once “absolutely not”.

As can be expected, I am very upset with all this, as months and thousands of dollars have been utterly wasted for this and I really need to know why exactly my husband doesn’t fit 100% under section 319b and what can be done from here on out. The IO was utterly incapable of explaining to me why I do not qualify 100% and I need to wait and I strongly believe he really didn’t know but just did this to save face and not appear incompetent. I simply can not wait 120 days USCIS to decide, but do I have another choice??

Furthermore, I am put in an even more difficult position as I intentionally did not renew my work permit fearing that two pending application for USCIS would cause confusion and the incompetent staff would only make a mess out of the situation instead of realizing what I had done and why.

Now, after losing so much money I would like to obtain employment to recover some of the lost funds; yet to renew my work permit will take another three plus months and I do not know if that’s a good idea to apply right now or to wait and see if there will be a favorable decision regarding my case.

Me and my husband are beyond frustrated and are utterly at a loss as to what to do next or what course of action to take to rectify this, as we have no idea what went wrong. We are desperate for help and feel powerless to do anything as we have no idea what the problem is in the first place.

I know we need to look for a competent lawyer but please if anyone can give an advice will be highly appreciated.

I do not know much about 319b, but after having a "permanent green card" you no longer need to apply or renew your work permit. Your green card allows you to work without INS authorisation.

[Ivana&Scott 0]

I do not know much about 319b, but after having a "permanent green card" you no longer need to apply or renew your work permit. Your green card allows you to work without INS authorisation.

Hi bonnerbonner,

thank you for your response. I am a permanent resident since OCT 2010( came with K1 visa) and got permanent resident card for 2 years. Are you sure I do not need to renew my EAD?? My EAD was given only for 1 year. On USCIS page I read that:

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

[Ivana&Scott 0]

Hi bonnerbonner,

thank you for your response. I am a permanent resident since OCT 2010( came with K1 visa) and got permanent resident card for 2 years. Are you sure I do not need to renew my EAD?? My EAD was given only for 1 year. On USCIS page I read that:

"If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires."

Huh, I guess I really do not need to renew that after I have my permanent resident card...

[bonnerbonner 6]

No u do not need to renew it. EAD is given so u can work legally in the US while your adjustment of status is pending (I485). Once you receive your green card, 2 years conditional or 10 years permanent, you no longer need the EAD. Since u have a 2 year conditional green card, keep in mind to apply to remove the conditions 90 days before it expires. That is the only document u need to file until it's time to file for citizenship. I hope this helps to clarify your concern. I know this for a fact )

[boilermaker 1]

Some people's status changes to RFE after interview but never receive any letter from USCIS, and few days later their status changes to 'in line to schedule oath ceremony". Just relax an wait a week to see if you receive any letters.

Also, naturalization approval has to go through a second officer, i think they do this so that two people sign the papers and reduce changes of fraud by IO's. My guess is that the supervisor was not present that day.

Anyway, good luck!

[Bicek 0]

Ivana and Scott,

What ended up happening with your expeditious naturalization case? Were you approved? I know this is an old thread but I am trying to determine if my wife is eligible for it. She has had her LPR for about 9 months now. We have been to the states a couple times but are not living there yet. I am currently stationed in our Mexico facility as i have been for over 7 years now. My understanding is that we can file for the expeditious naturalization from down here in Mexico and she just has to go back for the interview. Any information you can give me would be great. We went thru all this time and money to get the green card and are now at risk of losing them for abandonment of the residency because we don't live there.

Thank you.

Tony

[jayjayj 571]

If you and your wife meet the 319b requirements, listed below, you can file her INA 319b. petition at any time. All time based requirements are waived by INA 319b. You can even do your finger prints at the local U.S. Embassy and send them with your N-400. This saves you a trip back to the U.S. for the biometrics appointment.

319(b) Requirements

To qualify:

1. You must be a legal permanent resident married to a US citizen.

2. Your spouse must work for one of the following organizations:

• the United States Government
• an American institution of research recognized by the Attorney General
• an American firm or corporation engaged in foreign trade or commerce, or a subsidiary thereof
• a public international organization, such as the United Nations or subsidiary body

or, must work as

• a minister or missionary of a religious denomination having a bona fide organization in the United States

3. Your spouse must be “regularly stationed” abroad. USCIS has interpreted that to mean that your spouse will be working abroad for at least a year from the time of filing.

4. After your spouse’s overseas employment ends, you must intend to take up residence in United States.

[TBoneTX 47,329]

The most recent poster got an answer, and this old thread is now closed to further comments.

VJ Moderation