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ErikJon

Expedited Naturalization 319(b) travel requirements after citizenship is granted

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Hello, my friends. 

 

I am a U.S. Citizen, my wife is currently a Permanent Resident (iR6). We intend to apply for "expedited naturalization," within the U.S., in accordance with section 319(b) of the Immigration and Nationality Act, because our work requires us to be overseas.

 

Calling USCIS by phone is almost useless, because each operator has a different degree of ignorance regarding this process; some deny that it exists, and others simply read from the Act itself without any personal knowledge of the process. Consequently, we intend to hire an attorney to guide us.

 

Meanwhile, I have read in the aforementioned Act, that one of the requirements for this mode of application is that the applicant leave the U.S. within 45 days of being granted U.S. citizenship, but what I do not know is the following:

 

1. how long she must remain outside the U.S. after leaving the U.S. at the 45-day mark,

 

2. whether or not she will have to continue to prove for several years, even after receiving U.S. citizenship, that she is still working abroad

 

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You are employed by by a qualifying employer?

 

You are correct I feel not do this without the aid of an experienced immigration attorney.  The language is a little too vague for me to feel confident that this is a do it yourself option. I mean - must leave within 30-45 days. So which is it? 
 

I would say personally the answer to 1) is 0 days if she’s made a good faith effort to join you and 2) I’m not sure that is even a question, since if you return to the USA she is required to move to the USA ASAP. I don’t think it would be relevant that she was employed herself outside the country - you come back, she needs to come back.

 

But that’s based on a very cursory reading of the statute. Hence a lawyer I think. Someone who has done a number of these.

Edited by Undecided

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It's illegal for USCIS to offer legal advice.  That's not their job.  You can call for general information, but not how to legally navigate the immigration process. 

 

If you want advice on your to navigate the naturalization process based on your circumstances, then you have to get a qualified lawyer or DIY.

 

IMHO, this is not DIY.  You will want to get a qualified immigration lawyer to look at your circumstances.  

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We had an attorney to help us get her Permanent Resident card, and he told us that we were definitely qualified for the Expedited Naturalization process, but he wanted $3000 for his services, in addition to the USCIS fees, so we spent one year considering the possibility of doing it alone. Then we found an attorney who was MUCH cheaper than the first.

 

Thank you for your suggestions.

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Hello, my friends. I was receiving notifications by e-mail, to the fact that I had not responded, but it seems that I had.

 

At any rate, I hired a lawyer in Atlanta who offered to take care of my wife's expedited naturalization for $950 plus USCIS fees (which, themselves, will increase by 20%-83% on October 2, 2020, depending on the case).

 

Thanks for your good advice, and forgive me if I did not answer soon enough.

 

Erik

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