Can I Leave U.S. while 319b Is Pending? [split topic]

[PFLETCHER 2]

Does anyone know, while my expedite naturalization 319b case waiting to be approved, can I leave the U.S.? I filed the application last week and hoping I'll have it approved and have everything ready before our start date(5/5/2015). But to be safe, I wanna know if it is ok for me to leave the U.S. at this moment?

[jayjayj 571]

You can travel for sure. Just don't stay out for more than a year or who might get a hard time when you return for your naturalization interview. You are exempt from any of the time based physical residency requirements, since you qualify under 319b.

[PFLETCHER 2]

Thx for your response:)))

We are leaving the U.S. in the beginning of May. I'm not sure if my naturalization will be approved by then, I've submitted the expedite request along with my application. (Expedite expedited naturalization -.-#??) lol

So there's no paper works or anything I need to bring/file while my N400 is pending? is the n470 only for ppl who apply abroad?

Thanks again

You can travel for sure. Just don't stay out for more than a year or who might get a hard time when you return for your naturalization interview. You are exempt from any of the time based physical residency requirements, since you qualify under 319b.

[TBoneTX 43,157]

*** Posts above were split from an ancient thread. ***

VJ Moderation

[PFLETCHER 2]

?thx

*** Posts above were split from an ancient thread. ***

VJ Moderation

[jayjayj 571]

It might be an old thread but the information is still pertanent. I don't think you should lock such an important thread. There are very few places to find 319b information.

It doesn't make an sense to split this topic from the original thread.

Suggest an admin unlock the 319b thread.

[TBoneTX 43,157]

Here's the link to the previous thread about the 319b, which anyone can click to yield the desired information:

http://www.visajourney.com/forums/topic/175821-n-400-expedited-naturalization-via-section-319b/

[jayjayj 571]

Thx for your response:)))

We are leaving the U.S. in the beginning of May. I'm not sure if my naturalization will be approved by then, I've submitted the expedite request along with my application. (Expedite expedited naturalization -.-#??) lol

So there's no paper works or anything I need to bring/file while my N400 is pending? is the n470 only for ppl who apply abroad?

Thanks again

The N-470 is only for people who have been an LPR in the U.S. for at least one year and then accept employment abroad under qualifying conditions. Also, the N-470 instructions (page 1) has a paragraph showing the exception for the spouses of U.S. citizens qualifying under 319b and stating that they "are not required to file Form N-470 to preserve continuous residence, as such spouses are exempted from establishing the naturalization residency and physical presence requirements."

I would make copies of all the paperwork you sent with your 319b N-400 application. It never hurts to have that stuff with you. However, you should have no problem getting back into the U.S. if you haven't stayed out for more than 365 days. People who don't qualify under 319b can exit and enter the U.S. after receiving a green card and generally have no problems unless their stay outside the U.S. is more than a year.

INA 319b specifically waives all physical residence requirements to naturalize. However, this seems a little bit murky, because it says for those "eligible" under 319b. How do you prove to the IO at the POE that you are indeed actually eligible? What if that IO looks and everything and determines you aren't eligible under 319b? I really have no idea what would happen at that point. I do have a coworker whose wife was eligible under 319b and traveled with him overseas for 15 months prior to going back to the U.S. for her interview and oath ceremony. They did get delayed at the U.S. POE upon returning and had to explain the 319b specifics to several different IO's, including a supervisor, before they were permitted entry. This is a gray area and past results don't guarantee future results, so I would ensure you don't stay abroad for more than 365 days during any one trip, just to be safe.

[PFLETCHER 2]

Thanks bunch Jayjay! It helps a lot. Now I know I can go overseas without being worried. As how inefficient the USCIS is, I doubt ill be able to get approved before our EoD date, I'll have to come back for the oath and interview later sometime this June or July. I'll keep everyone who's in the same situation updated, there isn't very much info/thread about 319b out there, I would like to share with them.

?????????

The N-470 is only for people who have been an LPR in the U.S. for at least one year and then accept employment abroad under qualifying conditions. Also, the N-470 instructions (page 1) has a paragraph showing the exception for the spouses of U.S. citizens qualifying under 319b and stating that they "are not required to file Form N-470 to preserve continuous residence, as such spouses are exempted from establishing the naturalization residency and physical presence requirements."

I would make copies of all the paperwork you sent with your 319b N-400 application. It never hurts to have that stuff with you. However, you should have no problem getting back into the U.S. if you haven't stayed out for more than 365 days. People who don't qualify under 319b can exit and enter the U.S. after receiving a green card and generally have no problems unless their stay outside the U.S. is more than a year.

INA 319b specifically waives all physical residence requirements to naturalize. However, this seems a little bit murky, because it says for those "eligible" under 319b. How do you prove to the IO at the POE that you are indeed actually eligible? What if that IO looks and everything and determines you aren't eligible under 319b? I really have no idea what would happen at that point. I do have a coworker whose wife was eligible under 319b and traveled with him overseas for 15 months prior to going back to the U.S. for her interview and oath ceremony. They did get delayed at the U.S. POE upon returning and had to explain the 319b specifics to several different IO's, including a supervisor, before they were permitted entry. This is a gray area and past results don't guarantee future results, so I would ensure you don't stay abroad for more than 365 days during any one trip, just to be safe.

[PFLETCHER 2]

I forgot to mention that my Conditioned Green card will be expired this Oct. 31st. what will happen if my case won't be approved before I reach to the 90-day period?(July.30th.2015)

I received my receipt number through email&text last night, it says my case has been routed to the national benefits center.

I spoke to a tier 2 officer today regarding to get my case expedited, but I've been told thats very unlikely they will expedite my case, even after I explained my situation to her. I seriously doubt that she knows anything about 319b. she told me to make a infopass appointment with the local district office and see if they can do anything for me. so I did make the appointment, and its gonna be tomorrow.

im super confused and don't know what to do besides waiting...

The N-470 is only for people who have been an LPR in the U.S. for at least one year and then accept employment abroad under qualifying conditions. Also, the N-470 instructions (page 1) has a paragraph showing the exception for the spouses of U.S. citizens qualifying under 319b and stating that they "are not required to file Form N-470 to preserve continuous residence, as such spouses are exempted from establishing the naturalization residency and physical presence requirements."

I would make copies of all the paperwork you sent with your 319b N-400 application. It never hurts to have that stuff with you. However, you should have no problem getting back into the U.S. if you haven't stayed out for more than 365 days. People who don't qualify under 319b can exit and enter the U.S. after receiving a green card and generally have no problems unless their stay outside the U.S. is more than a year.

INA 319b specifically waives all physical residence requirements to naturalize. However, this seems a little bit murky, because it says for those "eligible" under 319b. How do you prove to the IO at the POE that you are indeed actually eligible? What if that IO looks and everything and determines you aren't eligible under 319b? I really have no idea what would happen at that point. I do have a coworker whose wife was eligible under 319b and traveled with him overseas for 15 months prior to going back to the U.S. for her interview and oath ceremony. They did get delayed at the U.S. POE upon returning and had to explain the 319b specifics to several different IO's, including a supervisor, before they were permitted entry. This is a gray area and past results don't guarantee future results, so I would ensure you don't stay abroad for more than 365 days during any one trip, just to be safe.

[jayjayj 571]

I forgot to mention that my Conditioned Green card will be expired this Oct. 31st. what will happen if my case won't be approved before I reach to the 90-day period?(July.30th.2015)

I received my receipt number through email&text last night, it says my case has been routed to the national benefits center.

I spoke to a tier 2 officer today regarding to get my case expedited, but I've been told thats very unlikely they will expedite my case, even after I explained my situation to her. I seriously doubt that she knows anything about 319b. she told me to make a infopass appointment with the local district office and see if they can do anything for me. so I did make the appointment, and its gonna be tomorrow.

im super confused and don't know what to do besides waiting...

Don't worry, you're going to be fine with this. If you included all the required documents with your petition, I fully expect your case to be forwarded to the field office way before July.

We are almost on the same timeline. My wife's case was forwarded to the National Benefits Center only a couple weeks ago and it wouldn't surprise me if her case ends up at the field office in March or April at the latest. We plan on scheduling her interview and oath ceremony for sometime in July.

Did you request your petition be sent to the Fairfax, Va Field Office (Washington, DC)? I think you mentioned that before, but if not, what field office are you interviewing at?

[jayjayj 571]

Also, worst case scenario, say you can't naturalize prior to reaching the 90 day window to file for removing conditions. You can simply file the I-751 when you reach that window. You will then receive an NOA1 that states your green card is extended for 1 year and that you may travel during that period. You will just need to carry that with you when you return to the US. The only downside is the extra cost, but don't worry about the process.

[PFLETCHER 2]

Don't worry, you're going to be fine with this. If you included all the required documents with your petition, I fully expect your case to be forwarded to the field office way before July.

We are almost on the same timeline. My wife's case was forwarded to the National Benefits Center only a couple weeks ago and it wouldn't surprise me if her case ends up at the field office in March or April at the latest. We plan on scheduling her interview and oath ceremony for sometime in July.

Did you request your petition be sent to the Fairfax, Va Field Office (Washington, DC)? I think you mentioned that before, but if not, what field office are you interviewing at?

Yeah I hope that's how the things gonna go. The tier 2 agent I talked to doesnt seem helpful at all, I'm still in shock how poor/unprofessional some of the gov workers are. She said my case will be adjudicated and interviewed at the local office (San Bernardino) while I specificly requested for Fairfax location. I've also been told it's more than likely they won't expedite my case even I have the order(she knows nothing about 319b I guess). ? so I made the infopass appointment with my local office for today, we will see if there's anything they can do about it.

[PFLETCHER 2]

Also, worst case scenario, say you can't naturalize prior to reaching the 90 day window to file for removing conditions. You can simply file the I-751 when you reach that window. You will then receive an NOA1 that states your green card is extended for 1 year and that you may travel during that period. You will just need to carry that with you when you return to the US. The only downside is the extra cost, but don't worry about the process.

I've already prepared for that scenario, i just don't wanna have to deal with the I-751 tho, it will delay the whole process for sure.

[jayjayj 571]

I have a contact at the Fairfax office. I'll pm it to you tomorrow. They will contact the NBC and force the transfer to their office. The 319b petitioners have the right to interview at any field office they want because of the removal of physical residence requirements. Your right, the person you talked to has no idea what they are talking about.