319b Expeditious Naturalization (INA319B)-A Complete Experience Report

[Sean&Tracey 3]

Thank you very much for all of this info!

 

[Lynda6987 1]

Thank you for being so helpful. ☺️☺️

[RachelFara 17]

QUESTION:

My husband and I are applying for his naturalization under the 319(b) exception (employment abroad).  We are currently in Dallas and my post starts in 2 weeks.  We plan to send our application in at the same time that we fly out together to my post.  I keep reading that fingerprints are required in the application and some places say that after they receive your N400, they will schedule you a biometrics appointment at a USCIS service center in the US (if you are in the US) or you can do it abroad.  Is there anyway to schedule an appointment for fingerprints before we actually submit the N400 application?  Or can we get fingerprints at a notary or local business center that provides them?  We don't want to hassle with trying to find a USCIS center abroad (we think there is not one in the country where we are going) to get fingerprints after our application has already been submitted.

[Qian 33]

On 10/29/2020 at 1:02 AM, RachelFara said:

QUESTION:

My husband and I are applying for his naturalization under the 319(b) exception (employment abroad).  We are currently in Dallas and my post starts in 2 weeks.  We plan to send our application in at the same time that we fly out together to my post.  I keep reading that fingerprints are required in the application and some places say that after they receive your N400, they will schedule you a biometrics appointment at a USCIS service center in the US (if you are in the US) or you can do it abroad.  Is there anyway to schedule an appointment for fingerprints before we actually submit the N400 application?  Or can we get fingerprints at a notary or local business center that provides them?  We don't want to hassle with trying to find a USCIS center abroad (we think there is not one in the country where we are going) to get fingerprints after our application has already been submitted.

Hi RachelFara

A couple of things:

- You don't necessarily have to submit the cards with N400, once they receive your application, based on the applicant's physical residency, they could either schedule bio or send you the FD258 cards

- Normally, local police station or US embassy can provide finger printing service upon request, and the cards are accepted by USCIS

- I have heard people submitted FD258 cards provided by a notary center and were accepted 

- All the applicants that I know of (about 8), myself included, had received a RFE regarding the FD258, regardless we had sent the valid ones or not. Seems like a default procedure for overseas applicants.  

 

Good luck, to your move too!

[RachelFara 17]

On 10/29/2020 at 6:43 PM, Qian said:

Hi RachelFara

A couple of things:

- You don't necessarily have to submit the cards with N400, once they receive your application, based on the applicant's physical residency, they could either schedule bio or send you the FD258 cards

- Normally, local police station or US embassy can provide finger printing service upon request, and the cards are accepted by USCIS

- I have heard people submitted FD258 cards provided by a notary center and were accepted 

- All the applicants that I know of (about 8), myself included, had received a RFE regarding the FD258, regardless we had sent the valid ones or not. Seems like a default procedure for overseas applicants.  

 

Good luck, to your move too!

That is incredibly helpful!  Thank you for your time to write back.  I have also seen that RFEs are common in this situation.  Good to know so we won't worry too much about it.  We just hope we won't have to come back to the US just for biometrics and its seems like that won't be the case.

 

Cheers,

Rachel

[Janiejane 8]

Hello, this is really helpful information. We’ve been away for over a year after I got

my green card as we are station here in Germany.  We are traveling back to the US for my interview, but i’m kinda apprehensive now that I’m going to have a problem with the immigration officer as we didn’t visit the US after I got my green card. Please advise. Thank you!

 

 

[Qian 33]

13 hours ago, Janiejane said:

Hello, this is really helpful information. We’ve been away for over a year after I got

my green card as we are station here in Germany.  We are traveling back to the US for my interview, but i’m kinda apprehensive now that I’m going to have a problem with the immigration officer as we didn’t visit the US after I got my green card. Please advise. Thank you!

 

 

A  re-entry permit would sound the best in your case. I had never been away for more than 3-4 months, still I was suggested to get the "travel document" by the officer at LAX.

I always traveled with the N400 related notice letters from USCIS to show my naturalization process, as well as a print out of USCIS policy manual Volume 12 Chapter 5 just in case the officer is not familiar with it.

Your naturalization interview notice would be great help.

 

Good luck!

[Janiejane 8]

5 minutes ago, Qian said:

A  re-entry permit would sound the best in your case. I had never been away for more than 3-4 months, still I was suggested to get the "travel document" by the officer at LAX.

I always traveled with the N400 related notice letters from USCIS to show my naturalization process, as well as a print out of USCIS policy manual Volume 12 Chapter 5 just in case the officer is not familiar with it.

Your naturalization interview notice would be great help.

 

Good luck!

How can I get the re-entry permit? Are they issuing that in the airport?  My interview schedule is at the end of this month. 

[Sean&Tracey 3]

Hi 

 

If you are applying under 319(b) U.S. spouse stationed abroad, the continuous residence rule doesn't apply so that shouldn't be a problem. But yes have your naturalization interview notice with you. Also I think it's chapter 4 of the policy manual that would be helpful to have with you as well. 

[Janiejane 8]

4 minutes ago, Sean&Tracey said:

Hi 

 

If you are applying under 319(b) U.S. spouse stationed abroad, the continuous residence rule doesn't apply so that shouldn't be a problem. But yes have your naturalization interview notice with you. Also I think it's chapter 4 of the policy manual that would be helpful to have with you as well. 

Yes,,, thank you for this advise. Will do this. 

[Sean&Tracey 3]

Great. Wishing you all the best for your journey and interview! ☺️

[Janiejane 8]

3 hours ago, Sean&Tracey said:

Great. Wishing you all the best for your journey and interview! ☺️

Thank you! I appreciate that! :))

[MeliCat 2]

Hello Qian! Thanks so much for taking the time to post this. 

 

My issue is whether my employment qualifies or not. How did you figure out whether your employment qualifies? Did you ask USCIS about this directly?

 

I am not getting positive feedback from attorneys.They are taking issue with the fact that I am an independent contractor. But I do not see anywhere in the regulations specifying the type of employment.

In my case, the difference between being a "regular employee" or "salaried employee" of the company I work for vs. an "independent contractor" is simply a matter of who is responsible for taxes. 

I know this because I was originally hired as a "regular employee" and was later switched to become an "independent contractor." But the work is the same. 

 

I translate documents related to the Patent Cooperation Treaty into English for a US-based company. The US is a member of the Patent Cooperation Treaty, and US companies benefit from having these documents made available in English. 

Ive been employed with this company and doing this same work for 6 years now. I think this qualifies as being employed by "an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States." What do you think?

 

Thank you in advance for your time! 

 

[Qian 33]

11 hours ago, MeliCat said:

Hello Qian! Thanks so much for taking the time to post this. 

 

My issue is whether my employment qualifies or not. How did you figure out whether your employment qualifies? Did you ask USCIS about this directly?

 

I am not getting positive feedback from attorneys.They are taking issue with the fact that I am an independent contractor. But I do not see anywhere in the regulations specifying the type of employment.

In my case, the difference between being a "regular employee" or "salaried employee" of the company I work for vs. an "independent contractor" is simply a matter of who is responsible for taxes. 

I know this because I was originally hired as a "regular employee" and was later switched to become an "independent contractor." But the work is the same. 

 

I translate documents related to the Patent Cooperation Treaty into English for a US-based company. The US is a member of the Patent Cooperation Treaty, and US companies benefit from having these documents made available in English. 

Ive been employed with this company and doing this same work for 6 years now. I think this qualifies as being employed by "an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States." What do you think?

 

Thank you in advance for your time! 

 

Hi MeliCat

The burden is on the applicants to establish the eligibility, I think you have a very interesting case and I'd love to discuss and think together with you.

 

First of all, you are the USC, and your spouse is the N400 applicant under B319, right?

And, are you contracting with the company as a individual (a freelancer), or under a business that you set up?

 

I had been in touch with a few applicants whose spouses are contractors in stead of being an employee, and they have got approved. But independent contractor is new to me.

I can think of couple of things in this scenario that need attention:

- You need to prove why this particular work must to be done overseas. Because that's why a company send an employee overseas to do work that benefits the US. And because of that, the spouse faces the risk of loosing immigration status, so B319 comes into play.

- USC overseas' immigration or visa status matters. If, for instant, the USC is a PR of the foreign country and took up a local post with a US company or became a contractor of a US company, the criteria of "the intention of returning to the US" seems hard to meet. And same for a spousal visa, dependent visa holder.

- The USC needs to prove the job would last longer that 1 year from the time of filing. Can your contract support that?

-You will need some letters from this US-based company to show how your work is benefiting the development for foreign trade etc., why you have to be living abroad to execute it , and how long your assignment is expected to last for, maybe explain the change of employment too. 

At the end of the day, it is the USCIS to decide whether this type of work qualifies or not, as well as this independent contractor employment. 

Attorneys are not always right, you just have to try.

Let me know what you think.

 

 

[Qian 33]

17 hours ago, Janiejane said:

Yes,,, thank you for this advise. Will do this. 

good luck! Report back please if you will, let us know.

All the best.