gnasa

To follow-up, we completed an InfoPass appointment at Embassy in country where we are located... The officer could verify that the Re-Entry Permit was granted and issued. However, if it was lost in mail and not returned to sender then they can null that one and reissue another and send it to our local US Embassy for pickup. Whew! We are however approaching quickly the 6-month threshold of being outside country without a reentry permit, I hope we receive it before any unplanned travel to the US.

thanks for the advice!

A search of threads didn't yeild any info on my specific question of what to do next.

Does anyone have any experience with a successful Re-entry Permit application and then never receiving it? They say it was sent but we never received it... With further inquiry they told us (spouse of US citizen) to just apply for another one; however, we are now abroad on a temp work assignment.

Thanks for your advice!

Thanks for the detailed info. What I wonder is, if I am coming back and forth for Christmas and Thanksgiving and rehearsals, when do I show the re-entry permit? Each time? Or is it a one time deal-- in which case I'd be coming back for Thanksgiving very shortly after leaving... confused!

No worries. If you choose to get a re-entry permit, I think it is a physical document shaped/constructed like a passport (my wife hasn't received hers yet). You could show it each time, or wait until an IO gives you trouble entering US, I'm not sure what the appropriate procedure would be? When granted, it is not a one time deal, it is valid until it expires I beleive. I also think a re-entry permit is all you need to show to enter, as it is an official US travel document. But like I've said, the possession of a re-entry permit is very good evidence of your intent to permanently reside within the US (a GC requirement), but not everything they consider if you get pulled aside and judge tries to take your GC away for "abandoning residency" (US resident taxes absolutely required, etc.)

Wife did Biometrics on the Friday before we left (Monday) as a walk-in 1st thing in the morning. Whew!

Travel to Europe went well.

Ciao

GMK

Careful, I think the official mantra of USCIS is:

For Legal Permanent Residents (LPR)

LPR out of US < 6 months = admit without question

6 months < LPR out of US < 12 months = eligible for admition but question status, possible denied entry

LPR out of US > 12 months without re-entry permit = denied entry, residency abandoned

It is also not good enough to come to the US every 6 months, they will notice your travel history.

I don't want to perpetuate incorrect information, but this is how I understand it. Please correct me if this is incorrect.

10 weeks as an Aussie = no problem with re-entry to US

I'm not clear about how an IO would interpret your planned temporary living for study reasons in canada. I'd be interested in learning others opinions about how to maintain US residency while abroad for study or work.

Anyway, if I were you, I would still get a re-entry permit because it is the best thing I know of to show that you have intent to reside in the US (other than owning a house, in addition to US taxes, bank account, credit cards, etc.). Note that the 1st re-entry permit you get will expire something like ~90 days before your conditional GC expires (at which time you + spouse have to apply to have conditions removed, yielding a 10 yr GC) OR it'll expire when your conditional GC expires (I cant remember which it is). Anyway when re-entry permit expires, it is possible to obtain another/renew the re-entry permit, I've heard this is OK for 1 to 2 times but have not had to renew yet (my spouse is GC holder and I'm working in Europe for the next ~2years, see how to expedite re-entry permit thread)

Bob 4 Anna - I don't know what DCF is, can you elaborate? Thanks for the info everyone!

Also, to correct my mistakes: temporary stamp in passport that is evidence of legal permanent residency = I-551 (not I-151)

Darnell - yep, attended infopass and received I-151 stamp, my wife said they seemed reluctant and they specifically noted I-151 stamp only good for 6 months. When she later asked about expediting a re-entry permit before we leave, IO was unhelpful and told her she shouldn't leave the country, despite several attempts and rephrasing of questions. This IO made a judgment that as a new LPR, she shouldn't take extended trips abroad (which is correct) and would not help by giving any info on re-entry permits.... However, the IO in the booth nextdoor overheard the blatant misleading info my wife was being fed and specifically called her back to their window and gave instructions on where and how to expedite a re-entry permit. This infopass was in San Francisco.

Anyway, the actual green card arrived in our mailbox yesterday surprisingly, only ~2weeks after approval.

Bob_4_Anna - a re-entry permit is for when you'll be out of US for >1 year but less than 2. However, outside of US anytime > 6months and from what I've heard, you'll wish you had a re-entry permit. In addition, re-entry permits can be renewed/get another one 1 to 2 times. If it truly becomes impossible to maintain LPR, GC will be surrendered, and then we'll have to go through whole LPR application again when we return to the US. (note my company will handle all costs) I'm not sure how long I'll be abroad for work.

Well, it has been 1 week now, and no news from USCIS and no checks cashed. This is not surprising at all to me. Unfortunately, we depart the US on 8/23, I just don't think you can get a re-entry permit in 2 weeks... We tried calling USCIS's info, but you have to wait at least 10 business days after they receive an application to inquire about anything.

I spoke too soon... USCIS cashed my check but didn't expedite anything (except cashing the check as a ETF). I learned this through my bank and when we received the receipt notice for the I-131 application via regular mail (not sent in either prepaid express mail envelope that were included), thanks to the USPS for delivering regular mail in an efficient way! So I got on the horn to my congressional representative, they inquired into the case and asked why our re-entry permit application wasn't expedited.

Result = faxed biometric appt. notice for the day after we depart US (but that doesn't matter, we'll just go to get biometrics done today or tomorrow).

Apparently you can get the required processing for a re-entry permit done in ~2 weeks (with your congressman's help)! I hope that this info can help someone in the future...

Well, it has been 1 week now, and no news from USCIS and no checks cashed. This is not surprising at all to me. Unfortunately, we depart the US on 8/23, I just don't think you can get a re-entry permit in 2 weeks... We tried calling USCIS's info, but you have to wait at least 10 business days after they receive an application to inquire about anything.

I see a couple of potential paths:

1. Come back to US with ample evidence that GC holder has NOT abandoned US residency

- This may be challenging based on the info you've provided

- Looks like a > 6 months OUT of USA < 12 months category, triggers automatic additional questioning (from what I've heard/read)

2. Gain entry, immediately file for a EXPEDITED Re-Entry Permit so you don't have to sit in US waiting for biometrics. (~2-3 weeks, but no guarantee they will expedite)

3. Return/Move to US before Re-Entry permit expires (or apply for another one)

Note: you really should have obtained a Re-Entry permit before traveling/moving/working abroad for >6 months, it is very good evidence that LPR displays "intent to reside in the USA"

OR

1. Surrender Green-Card

2. come to USA as a tourist (Aussie = visa waiver program, up to 90 days in)

3. reapply for US-PR when you want to return from abroad

OR

1. Spouse try's to come into USA and is denied entry (I'm not sure what happens at this point, put on a plane out OR allowed in with an appt. with immigration judge?)

OR

apply for US citizenship under the 3-year GC via spouse rule (I'm not sure if you can do this from abroad)

OR (I'm just shooting blindly)

Spouse works for an "American firm/business" and was transferred to Aussie subsidiary. If this is the case I would apply for US Citizenship immediately under 319(b) category.

I don't have answers to all of your questions but when you return to US you could try to EXPEDITE the re-entry permit process which should limit your time in the US to ~2-3 weeks versus >1 month for normal processing. One caveat though is they may not feel your reason for expediting is valid and they wont tell you.

You can only EXPEDITE the re-entry permit from within the US and via mail/express mail ($54 in 3 overnight prepaid express mailers), not online. You must be in the US for Biometrics (fingerprinting).

See: www.visajourney.com/forums/topic/268674-how-to-expedite-re-entry-permit-processing/

I started that thread and will update it to let everyone know how it goes.

Make absolutely sure you return to the US before 1year, otherwise your green card is automatically canceled (without a re-entry permit). You may even have difficulty entering US if the border guard thinks you've abandoned residency in the >6 month ABROAD <12 months category, be prepared with documentation to prove you haven't 'abandoned residency'. Best of luck!

Yes, once permanent residency status is approved you can go to USCIS infopass appt. and get a stamp in your passport. Advanced Parole document is now null and void with PR granted. We'll get the green card in mail at some time in the future, I'm not worried about that.

For the Re-entry permit application, we can provide them with a copy of approval letter with A#...

Hi, my wife just received her letter that her adjustment from student to green-card was approved yesterday!

She had an advanced parole document, that I assume is now void b/c she is a legal permanent resident now.

We now need to apply for an expedited re-entry permit, b/c were moving to Europe for a few years for my job (intra-company transfer) on August 23rd. This has been all quite sudden and I really didn't expect the GC processing to be approved before our departure.

Anyone have any experience of sending in I-131 expedited and getting the biometrics done in less than 2 weeks? Is our reason a valid one for expediting? Or am I wasting my money ($385)?

My list for expedited re-entry permit (please double-check for me, did I miss anything):

We live in CA so I send this to (as per I-131 instructions):

USCIS

Attn: AOS - Re-entry Permit

1820 E. Skyharbor Circle S

Suite 100

Pheonix, AZ 85034

Can anyone confirm this is the best place to send expedited Re-entry permit application?

Thanks

Can anyone help me understand how to determine if Schlumberger Limited (SLB) is an "American" corporation by the >50% ownership rule of its stock by US citizens?

see this thread for more details:

http://www.visajourney.com/forums/topic/261371-expeditious-naturalization-319b-american-company-definition/

More info on "American firm/corp" from the Field Adjudicators Manual.

If the company you work for is incorporated in the US and its stock is traded solely in US based stock markets (find this out on it's 10-K form filed with SEC) than it is deemed American. Otherwise, it is up to the applicant to demonstrate that the company (in my case Schlumberger Limited) is American by determining the nationality of >50% of its stockholders are US citizens. I'm at a complete lose as to how I would determine nationalities of ~21,000 stockholders!! Any advice would be appreciated.

From SLB's 2009 10-K in it's annual report:

As of January 31, 2010, there were 1,196,589,089 shares of common stock of Schlumberger outstanding,

exclusive of 137,623,075 shares held in treasury, and approximately 21,151 stockholders of record. The

principal United States market for Schlumberger’s common stock is the NYSE, where it is traded under the

symbol “SLB”.

Schlumberger’s common stock is also traded on the Euronext Paris, Euronext Amsterdam, London and SIX

Swiss stock exchanges.

source: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-40554.html#0-0-0-1043

....a publicly-held corporation may be deemed an “American firm or corporation” if the applicant establishes that the corporation is both incorporated in the United States and trades its stock exclusively on U.S. stock exchange markets. If the applicant is unable to establish by a preponderance of the evidence that the employer is both incorporated in the United States and trades its stock exclusively on U.S. stock markets, then the applicant must meet the requirements of Matter of Warrach , 17 I&N Dec. 285, 286-87 (Reg. Comm. 1979). As such, the nationality of the firm would be determined instead by the nationality of those who own 51 percent or more of the corporation. Id . The reasoning in this decision may also be applied in determining the nationality of a publicly-traded foreign corporation, where such a determination is required and not in conflict with existing law and/or regulations pertinent to the classification sought.

....

Attachment 2 addresses a question from the Buffalo District Office regarding applicants for naturalization under section 319(b) of the INA. The question involved here stems from the definition of the phrase “American firm or corporation” as it is used in section 319(b). In the instance presented at the Buffalo district, a complete history of the corporate ownership found that the ultimate owner of the alien spouse’s company was a foreign corporation, incorporated abroad, and more that 50 percent of the company’s stock was owned by foreign nationals. In situations such as this, Counsel found that the spouse’s company is not an Ameri can firm or corporation, thus making the alien spouse ineligible for expedited naturalization under section 319(b).

In light of this opinion by the General Counsel, it will henceforth be policy for district adjudications officers to adjudicate section 319(b) expedited naturalization requests based upon the ultimate ownership of the American firm or corporation. It will be incumbent upon the applicant to outline the corporation’s ultimate ownership if the applicant is seeking an expedited naturalization based upon the provisions of section 319(b).

In our AOS application we put a permanent address (my mother's place ~ 4 hrs drive and in another state) that is different from our apartment where we're living. We received an interview notice to show up in the city of the permanent address, we did and were told at the interview they don't have jurisdiction over our case. We were informed that it was our mistake to put a permanent address that is in a different USCIS jurisdiction than our 'temporary' residence. Our case was then sent to the city where we live and it went to the bottom of the pile (= more processing time/waiting). Immigration works in jurisdictions and I would suggest to take the path of least resistance for USCIS, as HeatDeath referred to.

So at the InfoPass appointment requested to obtain info about the status of my wife's AOS (Note: do NOT put a "permanent address" on the application that is not within the USCIS district that you live in, it complicates and delays things) I asked what constituted an "American firm/corp" for the purposes of maintaining residency for naturalization purposes OR for expeditious naturalization under 319(b) status. The immigration officer cut me off before I finished my question, looked at us, and said we are NOT to apply for naturalization b/c my wife will have a conditional green card as we've only been married for ~1.3 years (this is assuming that the green card is granted of course) and you cant apply for naturalization until the conditional status is lifted, among other requirements. My understanding of naturalization under 319(b) status is that the green card status, whether conditional or permanent (10yr) doesn't matter, are they completely wrong and incorrect? The officer also stated that big multinational corporations like "IBM, United Airlines" etc... are interpreted as "American" if they're incorporated in the US. I do not feel that the immigration officer answered my question and provided incorrect information contrary to what I've been able to read/understand from the field adjudicator's manual. I also received the strong impression that they did not want to discuss this any longer, so I chose to abandon trying to learn more from the official about their requirements and procedures!

Does anyone know of an immigration attorney that is familiar with the expeditious naturalization application & process that I may discuss my situation with? I feel like our case is a perfect example of situation that expeditious naturalization is intended for; however, I'm having a difficult time determining if Schlumberger Technology Corp (my US employer - wholly owned by Schlumberger Limited) qualifies as an "American corporation" and what evidence would USCIS require.

I've discovered some additional information about an "American firm"

from : http://jakarta.usembassy.gov/consular/acs_expeditious.html

A checklist for expeditious naturalization includes:

An official letter on letterhead from the U.S. Government agency, public international organization, a firm incorporated in the U.S. (or foreign subsidiary), or religious organization stating the following:

• The name, title, address, contact information and signature of the author;
  
• Affirmation and explanation that the USC’s employer is an agency of the U.S. Government, an American firm or corporation engaged in the development of foreign trade and commerce of the U.S. or a subsidiary thereof (an American firm is defined as being at least 51% owned by U.S. citizens), or a religious organization organized as a non-profit entity under Section 501©(3) of the Internal Revenue Code of 1986;
  
• The nature of the employing entity’s business, activities, missions, or charitable works;
  
• The state under which the employer is organized, the date of incorporation, and that it is extant;
  
• The facts of the USC’s basis of hire (contract, regular employee, etc.) and employment (job title, detailed job description, date overseas assignment started, date overseas assignment expected to end).
  
• If the USC is employed by an “American firm or corporation,” evidence that the firm is at least 51% owned by U.S. citizens, i.e. annual reports, Securities and Exchange Commission filings, articles of incorporation, stock traded exclusively on U.S. stock exchange markets, stock ownership of subsidiaries, or other comparable evidence.
  
• Evidence of the USC’s actual employment abroad (paycheck stubs, airline tickets, employment contracts, lodgings, etc.).
  

Does anyone have any idea on how I would go about determining ownership (US citizen or not) of a publicly traded corporation (SLB is listed on NYSE, Paris SE, London SE, SIX Swiss Ex, etc.) ????? At this point, I think that it will be too difficult to determine/prove if I work for an "American company" as interpreted by USCIS, this will cause a naturalization application under the 319(b) status to be denied. Any advice? Thanks & Regards

So would you suggest that she returns to the US every 5-months (so that she is not outside the country for more than 180 days at a stretch).

Or should she file N-470? By filing this form, is she exempt from being required to stay in the US.

OR your situation may fall into the 'expeditious naturalization' possibility allowing your wife to apply for naturalization NOW!

A big 'if' though is whether you work for a 'American company' which I've found difficult to understand. thread on this topic: http://www.visajourney.com/forums/topic/261371-expeditious-naturalization-319b-american-company-definition/

do a search on 319(b) or expeditious naturalization to learn more

Hello,

Thanks in advance!

Can someone clarify for me what is meant by 'An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;' for the purpose of 319(b) status on N-400 - expeditious naturalization.

The short story: My non-US wife will receive her green card soon (adjustment of status from student visa to green card) and I'm employed by a big multi-national company. We are soon to be relocated outside of the US for the next 2-3 years for my job. If possible, we'd like to get her naturalized to avoid any headache of maintaining US residency and possibly losing her green card. If it is any help, my employer is Schlumberger, I'm not sure if it is 'American-owned' by USCIS standards.

Thanks and regards