My Green Card had technically expired since I was out of the country for more than two years.
However, I have managed to get a transportation letter from the embassy, because of special circumstances.
Can I still have problems entering USA at the POE.
I am a US citizen and I left the USA about five years ago to work overseas for a US MNC, with my Green Card holder wife.
We own a house, bank accounts etc: in USA, always filed taxes, but both of us did not visit USA for the last 5 years. We never intended to give up our residence in USA...
8 CFR & 319b
Actually 8 CFR says this :
(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade...
Commerce Chain of US ?
I called up the USCIS office and the officer informed me that my employer would qualify my spouse for 319(b) provided that my employer is in the commerce chain of the US government.
Does that mean, that if my employer does business with US government or makes atleast...
US corporation in the commerce chain of US governmen
I called up the USCIS office and the officer informed me that my employer would qualify my spouse for 319(b) provided that my employer is in the commerce chain of the US government.
Does that mean, that if my employer does business with US...
A spouse of a US citizen working overseas for a US corporation can qualify for expedited naturalization provided that the US citizen spouse works overseas for a US owned company that is engaged in "COMMERCE OF THE UNITED STATES". (under 319b)
Is someone aware of which US corporations will be...
SB-1 visa
Thanks. This is for my wife, a GC holder. I am a US citizen working in India since 2002. She has not been to USA since then. Her rentry permit has expired.
However, since I work for a US corporation, we will invoke 319(b) which allows the spouse of US citizen working abroad...
How will the LPR status expire if we invoke 319(b)
In the first place, LPR status cannot expire for the wife of a US citizen under section 319(b) - it has to be the same policy for GC & Citizenship.
Secondly, if it does expire, I can file a new petition I-130 which is normally processed...
You are right
I have consulted an attorney. They are themselves a bit lost.
I agree with you that the only question now is LPR status.
However, if she could not do it because of LPR status, that would amount to giving with one hand & taking away with another. Meaning, you qualify for...
If a GC holder has been out of the country for more than 2 years and the reentry permit has expired, is there something known as a returning resident permit?
Thanks
Sunil
I STILL DO NOT UNDERSTAND THE CONFUSION. THEY CANNOT GIVE WITH ONE HAND AND TAKE AWAY WITH THE OTHER. Thsi is what is avialble at DHS website :
Sec. 319.2 Person whose United States citizen spouse is employed abroad.
(a) Eligibility. To be eligible for naturalization under...
What is a returning resident permit?
That is right. All that is not a problem. She was totally eligible to file for citizenship starting in 1997. She was continuously present in USA till 2002 except for short vacations.
Her absence has a solid basis - husband working abroad for a US...
Nature of US corporation ( here is the info I have)
3. The U.S. citizen spouse must be employed abroad by or in one of the following categories:
a. The U.S. Government;
b. A U.S. research institution recognized by the Attorney General (a list appears at 8 CFR §316.20)...
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