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    Reactivating I 130 for my parents

    I filed I 130s for my parents' green card in 2001. I am a US citizen. Then I moved, in 2002, and lost track of the application. I now learn that the application was rejected in 2004, probably because of some lack of data/information. Is there any way that the same petition can be...
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    Fees associated with G-639 form

    I am a US citizen. In 2000, I filed I-130 for my parents and then lost track of it since I moved. I contacted USCIS recently with my new address. I was informed that my petition had been rejected and that I could get more information by filing G-639 (Freedom of Information) form. Under what...
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    Re-Entry Permit 4 months no word?

    Reentry Permit My reentry permit took months to arrive. The nice part is that the two years are given from the date of issue of the rentry permit, effectively giving me 3 years
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    "Constructive Residency" clause for section 319(b) applicants

    This link is worth a look ... http://www.legalserviceindia.com/immigration/us_greencard_holder.htm The heading is : Preserving Residence as a US Green Card Holder While Residing in India The last para states : Spouse of Permanent Resident Employed Abroad An exception to these...
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    "Constructive Residency" clause for section 319(b) applicants

    Boatbod & Jontymorgan, let us give the closing arguments There are 3 steps : a) Going by the specific section of the Act, [B]there's no physical presence requirement on US soil for the USC's alien spouse to qualify for expedited naturalization - except during the interview and oath...
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    "Constructive Residency" clause for section 319(b) applicants

    Maintaining LPR Status Thanks JontyMorgan. My case is even stronger. I did have a valid rentry permit when I left. We always filed taxes and did not sell our home. Moreso, the interview call will be based on satisfying the criteria of 319(b) which means US citizen spouse working...
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    "Constructive Residency" clause for section 319(b) applicants

    LPR Status I was already married. One of the main requiremenst of section 319(b) is that the spouse should have a continuous residence with the US citizen spouse for 3 years. I have two main points : a) They cannot give an expedited citizenship with one hand, waiving residency...
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    Lpr Status If Returning After 3 Years

    I have a green card. However, my husband got a job overseas and I accompanied him, 3 years back. Filed taxes every year as a resident. Own a home in USA which I rented out. Intention was always to return. Reentry permit also expired after 2 years. Now my husband wants to move back to...
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    "Constructive Residency" clause for section 319(b) applicants

    Conditions for maintaining LPR The conditions for maintaining LPR follow : The Act defines the term “lawfully admitted for permanent residence” as “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the...
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    "Constructive Residency" clause for section 319(b) applicants

    Preservation Of Residence Here is what I found : Sec. 319(b)(1) of the INA provides preservation of residence benefits for spouses of U.S. citizens who fit the definitions of Secs. 316(b) and 317 1) who are regularly stationed abroad in the qualifying employment and 2) who declare a good...
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    "Constructive Residency" clause for section 319(b) applicants

    Supporting Documentation - Yes ofcourse However, returning resident permit is for residents who were abroad for reasons beyond their control which is not the case here. EXPEDITIOUS NATURALIZATION FOR DEPENDENT SPOUSES (INA §319(b); 8 U.S.C. 1430(b); 8 C.F.R. § 319.2; DOD DIR 5500.14) A...
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    "Constructive Residency" clause for section 319(b) applicants

    By approved, I mean, naturalization interview call If USCIS has scheduled an interview, this would normally mean that they considered her a valid status LPR, inspite of her extended absence - because of provisions of section 319(b). So, should entry for the interview be a problem now?
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    "Constructive Residency" clause for section 319(b) applicants

    Interview Call Approved means she has received a naturalization interview call. At the time of applying for her citizenship, her reentry permit had expired. too. Section 319(b) waives all residency & physical presence requirements since the US citizen spouse is posted abroad in US...
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    "Constructive Residency" clause for section 319(b) applicants

    My wife qualified for expedited US citizenship under section 319(b) - Permanent Resident spouses of US ctizens posted abroad and serving US intersts. 319(b) waives off all residency/physical presence requirements for GC holder spouses and hence she qualified although she has been out of USA...
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