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Elprocesoeslargo

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    Elprocesoeslargo got a reaction from ZKT in Can CR-1 and Naturalization under 319b be completed simultaneously? (merged)   
    Unfortunately necessary disclaimer: I am not an attorney, this is not legal advice and I'm just some random guy on the internet, so you shouldn't listen to or do anything I say...
    My wife finished hers two years ago: she entered the US to finish her green card process, left and returned two months later to become a US citizen. I've helped about 15 others do the same thing since. It can seem scary and difficult, but it's easy if you don't have any issues (visa overstays, criminal history, you live overseas, etc).
    If you google a bit, you will see that the Dept of State tells their people not to do the process in any office, other than with the Fairfax, VA 319b team, because most other offices aren't aware of the process, have little/no experience and fault on the side of denials. The other issue is that very few USCIS offices are permitted to do "same day" naturalizations, so even if she is approved, she could be trapped in the US for weeks or months until she can get her naturalization ceremony. I had one guy in a really weird situation who did it in California (she completed her green card interview, then they opened another folder on the desk and did her N-400 interview; the interviewer kept saying, "I don't know how this is possible...").
    We managed to get them to approve her after three weeks (by coordinating with contacts in the 319b team/Fairfax, VA office), but she couldn't get her ceremony until almost two months later.
    Just be aware those are some of the pitfalls for using other offices. The Fairfax, VA team does a dozen or more of these a week, know the process intimately and will have approved people naturalized and out the door faster than you think is possible. They also have their own team that processes the N-400s for them and know the process, so the risk of them returning it is lessened as well (read on here for stories of people getting their file returned multiple times with "must be in US for three years to qualify" stamped on it. They also get the files processed as a priority, due to the nature of the process, etc. Many additional benefits for going through them and much less risk. Certainly make the choice that best suits your needs, but you now have the info to make an informed decision. I've seen three people process outside of Fairfax and two had serious delays. Not one person ever had an issue in Fairfax.
    I addressed fingerprints in one of my earlier posts. Just read over them and you'll have what you need.
    Start early, file immediately and sort the details during the process. Do not wait six months to get your file perfect, because you are wasting time.
    All the best and enjoy the benefit you have earned!
    Also, please return here and share your knowledge! I found very little out there when I was trying for 319b, but was fortunate to have found generous people that shared their experience with me and I'm just doing the same now.
    PS- A fun game I play with rude US immigration people is to ask how long it takes to become a US citizen after a green card and, after they say three years, I show them my wife's I-551 in her foreign passport and hold it next to her US passport to watch them meltdown and search through their computer trying to determine how that is possible... LOL
    Here's a basic cover letter format:
    1234 1st St.
    City, State 12345
    01 July 2008
    Nebraska Service Center
    P.O. Box 87400
    Lincoln, NE 68501-7400
    SUBJECT: Application for Naturalization under section 319 (b) of the Immigration and
    Naturalization Act (INA)
    Dear Sirs,
    Enclosed is form N - 400 along with supporting documents so that I may apply for Naturalization under section 319 (b) of the Immigration and Naturalization Act as the spouse of a (gov’t employee, soldier, missionary, etc.) who is being assigned overseas. My husband/wife, John/Jane Doe is currently employed by <company> and has accepted a new position in <place going to> with a reporting date on or about November 1, 2008. I will accompany my husband/wife on his/her assignment.
    Please let me know if you need any more information or have any concerns. I can be reached by email at email@gmail.com, by phone at <phone#>, or by mail.
    Thank you for our support.
    Sincerely,
    <Your Name>
    USCIS A# 0000000000
    or this one (I like it better; more professional and more useful information. Customize them and make it your own, as there is no set format nor a wrong way. Although, everything sent becomes a record and part of your file. Act accordingly...)
    <your mailing address or APO address>
    <your mailing address or APO address>
    <your mailing address or APO address>


    USCIS Alien Registration Number: A <Immigrant spouse’s number>

    DOS Case ID: <Department of State case number, if you have it (it is assigned to track N-400>
    Nebraska Service Center
    P.O. Box 87400
    Lincoln, NE 68501‐7400
    SUBJECT: Application for Naturalization under section 319 (b) of the Immigration and Naturalization Act (INA)
    Dear USCIS,
    Enclosed is Form N‐400 along with supporting documents so that I may apply for naturalization under section 319 (b) of the Immigration and Naturalization Act as the spouse of a contractor working on behalf of the United States Department of Defense, in support of U.S. military operations, who is currently assigned and deployed to an overseas location.
    My husband, <your name here>, is currently employed by <your employer> and has a position in <overseas city and country> with a Letter of Authorization (LOA) from the U.S. Department of Defense that is valid through <01/01/1900>.
    I will accompany my husband on his assignment and need the legal protections afforded by U.S. citizenship.
    I wish to be interviewed and have the oath administered by the USCIS Washington District Office in Fairfax, VA and also ask that all of my paperwork be processed there as well, due to their extensive experience with 319(b) N‐400 Expedited Citizenship cases.
    I fully intend to return and live within the United States, once my husband’s oversea assignment has completed.
    Please let me know if you need any more information or have any concerns. I can be reached by email at
    <your spouse’s email address> or <your email address> and by phone at +1 234‐567‐8901.
    Thank you for our support.
    Sincerely,
    <Immigrant spouse’s name>
    USCIS Alien Registration Number: A <Immigrant spouse’s number>
  2. Like
    Elprocesoeslargo got a reaction from ZKT in Can CR-1 and Naturalization under 319b be completed simultaneously? (merged)   
    Let me start by saying this isn't legal advice, because I am not an attorney. I am merely sharing my personal experience and the experiences of the 12 or so people I have helped to complete the 319(b) process...
    Let's get the major point out of the way: It is possible to become a US citizen the day you arrive to the US without ever having entered the US before.
    (Note: No, I'm not talking about a Legal Permanent Resident or a "green card" holder, but a naturalized US citizen with a naturalization certificate and a US passport. How you ask?
    Simple: You fly in to the US on the day of your 319(b) interview at a USCIS office with an approved immigration visa in your foreign passport, which will be stamped and become your I-551, a legal equivalent of a green card that is valid for one year, which gives you instant legal permanent resident status and, if you successfully complete the 319(b) interview, you'll be given a same day naturalization at that USCIS office and will leave a US citizen, even though you've been in the US less than 24 hours and will go from an LPR to a USC in record time.
    FYI- There are only a few USCIS offices that are authorized to do same day naturalizations and the 319(b) specialty offices are the only ones that I am aware of.)
    How is that possible? Well, to begin: There is no requirement to have lived in the US for three years as a Legal Permanent Resident (LPR) married to a US citizen in order to qualify for US citizenship.
    Take a look at the first page of the N-400 (Part 1, Question# 3) and you'll see what I mean...
    Anyone who tells you that there is simply is wrong and uninformed. This applies to USCIS personnel, immigration attorneys, self-proclaimed legal experts (on this message board) or anyone else who disagrees, because they are simply unaware of the variety of ways a person may qualify for naturalization per the Immigration & Naturalization Act (INA). For the record, even USCIS & Dept of State recommends only dealing with 319(b) specialty field offices for the process, because even the majority of USCIS staff are not aware of the process. http://www.state.gov/m/dghr/flo/c21634.htm (middle of the page)
    The most common way people qualify for naturalization is via INA 319(a) and it has that three-year requirement. However, we are discussing a person qualifying for naturalization under INA 319(b) and there is no time requirement; not even one day.
    Additionally, a person does not have to have a green card to qualify nor do they need to have one prior to applying for the 319(b) process. The requirement is simply to be an LPR before you can interview for 319(b) and they will work with you to schedule your appointment after you have; you can complete the entire process simultaneously with the green card application, though that process can be rather complicated, since you technically have to swear you have an immediate immigration intent to remain within the US. For 319(b), you have to swear you have an immediate intent to leave the US (you have to leave the US within 45 days, by law) to be with your spouse. See the contradictions? Consider that most of the people that qualify for 319(b) are Dept. of State, military and DoD contractors and you see why they get a "free pass" without people getting too particular on legal discrepancies.
    I've been meaning to write something up on 319(b) for awhile now, I conducted extensive research and also was fortunate to have benefited from the advice and guidance of several who had completed the process before me. I'll write more later, but for now, here are the main caveats/deal breakers to the process:
    1. Only a spouse qualifies, not parents nor any other relative. However, a parent that is naturalized does automatically grant the children US citizenship. You have to apply for their certificate separately, but you can get their US passports immediately. Just google and you'll see an explanation. Basically, you just turn their passport request in AT THE SAME TIME as the mother's and you'll get theirs too. They all need an individual SSN first.
    2. You must have one year left overseas (on your contract, deployment or whatever) from the date OF THEIR NATURALIZATION. No exceptions, but you could show a DEROS letter, a letter stating that your contract renews annually, etc. They will work with you, a little bit, on this part.
    3. The spouse has to leave the US within 45 days of her naturalization. It is not "a gift nor a thank you" because the spouse deployed overseas or works in a crappy, dangerous country. You have to be going with them or to join them there, for a minimum of a year, to live in that country. If their orders do not state that you are going, the commander or contract company can write a letter stating you are their "accompanying dependent" and will reside their with them, even if they are not paying for it. It really looks good if you are already living there and return for the 319(b) interview from that country, because then there is proof of your intent. See how that works?
    4. Intend to return to the US immediately after their time overseas finishes. If you tell them you are going to buy a beach house and stay in Thailand after your contract/deployment, you will not qualify under 319(b).
    There's more to it, but those are the basics. If anyone wants more info, post a note here and future googlers will benefit from the interaction.
    All the best and don't be afraid to go for it, if you qualify. My wife had only briefly visited the US once before and her second flight into the US was to become a US citizen at the USCIS office in Fairfax, Virginia. I did all of the paperwork, the 319(b) interview was brief, the naturalization ceremony was less than three minutes and, since she already had an SSN (issued on her first trip), we got her US passport the next day.
    FYI - Most immigration attorneys have never heard of this process nor do they have any experience with it. I have had two different guys seek me out and ask if the process existed, because they had PAID an attorney to research the process and were told "The process does not exist". One paid $500 and the other $1,000. Want to guess whether or not they got refunds? Are there legal professionals that can handle it for you? Of course, but make sure you find a good one...
    Suggested reading:
    http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html
    PS- They also take a VERY simple version of the naturalization exam and do not need to know anything more than the USCIS test questions marked with an asterisk (for elderly people). The exam is conducted in English and you will probably not be able to be with them during the interview; I was, but most others were not. Have them look over all of the USCIS study material provided on their website, but they are also not questioned on representatives, governor, president, VP, etc.
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