Help Needed with 319(b) - Rejected

[onek 306]

Hello,

I applied for citizenship under the 319(b) act which doesn't have 3 years physical presence requirement after becoming Permanent Resident, but it was turned down after a month. Below is what I received. Can someone tell me what can be done at this point?

Dear Applicant:

We are returning your N400 application and personal check for $680.00 for the following reasons:

A review of your application indicates that you are filing for naturalization under section 319(b) of the Act. To be eligible for naturalization under this section, the alien spouse of a United States citizen must establish that s/he will depart the United States to join the citizen spouse within 45 days from the date of naturalization.

In order to be eligible for the residence and physical presence requirements you must meet one of the following requirements:

• A lawful permanent resident for 3 years and
• During those 3 years you have been married and
• Continue to be married to your US citizen spouse and your spouse has been a US citizen for at least 3 years.

After service review it is determined that you do not currently meet the criteria required to be eligible for filing at this time.

.....

[NigeriaorBust 4,087]

Is your husband apart to be sent abroad in a position that you will also be required to travel ? Did you send proof

[onek 306]

Is your husband apart to be sent abroad in a position that you will also be required to travel ? Did you send proof

Yes, all proofs and documentations were sent. This is not the question. They are saying even with 319(b), 3 years physical residency is required.

[Buckyball 22]

Is either one true for your husband?

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

[onek 306]

Is either one true for your husband?

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

Yes, that's true. Again the question is that they are not denying that. The reason given is 3 years wait

[milimelo 4,503]

Yes, that's true. Again the question is that they are not denying that. The reason given is 3 years wait

Which ONE is true from the list and what did you send as proof?

[Messybrownhair 251]

Have you been a PR for 3 years?

[onek 306]

Which ONE is true from the list and what did you send as proof?

DoD contractor. Submitted LOA, letters from employment, proof of foreign residency.

Again, this is not the reason for rejection. Reason for rejection is 3 years physical presence.

Have you been a PR for 3 years?

No. That's the difference between the regular N400 and 319(b). 319(b) doesn't require physical presence nor 3 years of PR.

[2ndMessiah 184]

That looks like the requirements for Section 319(a)

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Wonder if the person reviewing it got mixed with section 319(b)

[JimmyHou 611]

The original poster is asking a very straight-forward question:

She was under the impression that the 319(b) expedited process for spouses of certain personnel working for the government who were about to be deployed did not have to fulfill the 3 years of permanent residency requirement. The letter she received from USCIS seems to contradict this.

Is the letter correct or was there a mistake made?

Two things:

1) I have only seen 319(b) used succesfully for spouses of active duty military personnel

2) I was under the same impression as you... however, I have done a little searching and it looks like there's some confusion as to what 319(b) allows... as you said, there is no "physical presence" requirement, so you don't have to be in the US for 3 years, but does that eliminate the requirement that you be married for 3 years (whether here or abroad)? I'm not sure.

My advice is that if you are close to the 3 year mark, just wait and apply then. If not, then you can try resending your application with an explanation. You may want to consult a lawyer.

I think that there's a good chance that since the reviewer assumed it was 319(a) (as the previous poster mentioned) because he didn't see "active duty military" on the application. They probably get fewer applications from spouses of contractors.

[onek 306]

The original poster is asking a very straight-forward question:

She was under the impression that the 319(b) expedited process for spouses of certain personnel working for the government who were about to be deployed did not have to fulfill the 3 years of permanent residency requirement. The letter she received from USCIS seems to contradict this.

Is the letter correct or was there a mistake made?

Two things:

1) I have only seen 319(b) used succesfully for spouses of active duty military personnel

2) I was under the same impression as you... however, I have done a little searching and it looks like there's some confusion as to what 319(b) allows... as you said, there is no "physical presence" requirement, so you don't have to be in the US for 3 years, but does that eliminate the requirement that you be married for 3 years (whether here or abroad)? I'm not sure.

My advice is that if you are close to the 3 year mark, just wait and apply then. If not, then you can try resending your application with an explanation. You may want to consult a lawyer.

I think that there's a good chance that since the reviewer assumed it was 319(a) (as the previous poster mentioned) because he didn't see "active duty military" on the application. They probably get fewer applications from spouses of contractors.

Thank you. It appears that you understood my question well. I am also under the impression that got it mixed with 319(a) even though in the letter they listed 319(b).

I am not sure what to do and who to contact next as I reviewed a lot of people who were able to successfully process their 319(b). I'm not able to talk to USCIS reps. Called them several times and it's just waste of time. I was thinking about resending the packet but don't want to waste another month.

[2ndMessiah 184]

As much as I hate to say it, maybe an immigration lawyer might help.

[wanwanyin 0]

I can only say that whoever review your package does not know what he's talking about. My attorney told me that this is very common since most of the officers are not familiar with 319(b).

You can post the situation on AVVO.com to seek attorney's help about how to fix it. If it's a simple move you can do it by yourself, otherwise, hire an attorney who is familiar with the 319(b) process is a good idea.

[JimmyHou 611]

I would recommend that you resend the application with a cover letter.

Make it painfully obvious that you are filing under 319(b) and that your application was rejected for the wrong reason... this should at least force the reviewer to show it to a supervisor.

Just double-check the requirements and make sure you have the proper documentation... the requirement about being naturalized within a certain number of days of being sent abroad (45 I think) is a tricky one... I don't know if that applies to you or only to military personnel.

If at all possible, I'd avoid the headache and wait until the 3 years are up, but if you're moving abroad, you'll run into residency issues if you file under 319(a).

[cdneh 3,112]

Excuse me?

Exactly. I have no idea what that comment is in aid of.