Re-Entry permit question

The part that is confusing to me is this:

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

Wouldn't the requirement for USC husband to be USC for 3 years before spouse is eligible for USC based on marriage be applicable here as well?

Or do the articles which you refernce overrule this?
 
UncleB said:
The part that is confusing to me is this:

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

Wouldn't the requirement for USC husband to be USC for 3 years before spouse is eligible for USC based on marriage be applicable here as well?

Or do the articles which you refernce overrule this?
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The other naturalization requirements are those in INA 316(a) which lists the basic requirements for naturalization. You find where it specifically says that you have to be a USC for 3 years.
 
I'm loosing my mind here....

I was sure I saw the 3 year USC requirement on the N-400 form or on the N-400 instructions. Now I can't find it anywhere.

So is this even an actual requiremet? (that USC spouse has to be a USC for 3 years before Permanent Resident spouse can apply for naturalization based on marriage)
 
UncleB said:
So is this even an actual requiremet? (that USC spouse has to be a USC for 3 years before Permanent Resident spouse can apply for naturalization based on marriage)
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Yes, of course it is. The document checklist in guide references it, as well as does the law.(ina 319, 8 cfr 319, 8 usc 1430)

http://www.uscis.gov/files/article/M-476.pdf

http://law.justia.com/cfr/title08/8-1.0.1.3.70.html#8:1.0.1.3.70.0.1.1

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001430----000-.html
 
Bobsmyth said:
Yes, of course it is. The document checklist in guide references it, as well as does the law.(ina 319, 8 cfr 319, 8 usc 1430)

http://www.uscis.gov/files/article/M-476.pdf

http://law.justia.com/cfr/title08/8-1.0.1.3.70.html#8:1.0.1.3.70.0.1.1

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001430----000-.html
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Thanks Bobsmyth! Guide to Naturalization - that is where I saw it.

But do you agree with BigJoe5 that I do not have to meet this requirement if we do Expedited Naturalization (319b)?
 
You need to understand the reasons for the creation of INA 319(b). It was originally created for spouses of State Department employees (diplomatic core), then when the U.S. became the post-war cop of the planet and had "peacetime" forces stationed abroad, 319(b) was extended to them, and the growing economic prowess of the U.S. got it extended to U.S. businesses and the token of "International Organization" employees (like UNICEF and the WHO) was thrown in for good measure (good PR....or is that good BS?).
 
BigJoe5 said:
The other naturalization requirements are those in INA 316(a) which lists the basic requirements for naturalization. You find where it specifically says that you have to be a USC for 3 years.
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INA 316(a) doesn't say anything about spouse having to be a USC for 3 years, 319(a) does.
 
Jackolantern said:
The 3-year requirement does not apply to people who qualify for 319(b).
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I disagree. No where does it says that the spouse requirement as a USC for at least 3 years doesn't apply to 319(b).

Only the period of marital union , continuous residence and physical presence does not apply to 319(b).

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including the military, or other qualifying employer, whose spouse is stationed abroad in such employment for at least 1 year, may be eligible for naturalization under Section 319(b) of the INA.

In general, a spouse of a U.S. citizen employed abroad must be present in the United States pursuant to a lawful admission for permanent residence at the time of examination on the naturalization application and at the time of naturalization, and meet of all of the requirements listed above except that:

No specific period as a permanent resident (green card holder) is required (but the spouse must be a permanent resident)
No specific period of continuous residence or physical presence in the United States is required
No specific period of marital union is required; however, the spouses must be living in marital union

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD
 
UncleB said:
But do you agree with BigJoe5 that I do not have to meet this requirement if we do Expedited Naturalization (319b)?
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The law says you do have to meet the other requirements of the law, namely those of 319(a) (spouse must be USC for at least 3 years) .
 
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Below is INA 319(a). There is no explicit and separate requirement for the USC spouse to have US citizenship for 3 years; it is an implicit requirement that follows from "marital union with the citizen spouse ... who has been a United States citizen during all of such period". In cases such as 319(b) where the required length of marital union is reduced below 3 years, the required length of citizenship for the spouse also is reduced below 3 years because "such period" isn't 3 years for 319(b). The essential effect of 319(b) is to strike the "during the three years" clause.

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
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Jackolantern said:
Below is INA 319(a). There is no explicit and separate requirement for the USC spouse to have US citizenship for 3 years; it is an implicit requirement that follows from "marital union with the citizen spouse ... who has been a United States citizen during all of such period". In cases such as 319(b) where the required length of marital union is reduced below 3 years, the required length of citizenship for the spouse also is reduced below 3 years because "such period" isn't 3 years for 319(b). The essential effect of 319(b) is to strike the "during the three years" clause.
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What you wrote makes sense and I truly hope that you are correct.

The other problem is that, just like the opinions here vary, the interpretation might also very from 1 Immigration Officer to another :-(
 
UncleB said:
So I guess the best ammunition is a letter from a competent attorney explaining on what basis the requirement is waived.

Or a copy/paste of what Jackolantern posted ;-)
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IMO, you should try to consult an attorney who has practical experience in handling 319(b) cases - rather than picking a random immigration lawyer, even a well qualified one.
 
So I contacted a few lawyers in my area from AILA. I asked right up front if they have any hands on experience with 319(b). Some responded that they have not, while others responded that they have limited experience. One firm responded that they have a ton of experience with 319(b). So I setup a consultation call with one of their lawyers (free). I ask her a couple of questions about the requirements, etc. and all of her answers sound very familiar to me. Either she was reading off of a document or she memorized the wording from the USCIS documents ;-) She then tells me that one of the biggest issues is that the USCIS officers are not familar with 319(b) and will often reject cases due to lack of knowledge on their part. So I ask he if her clients schedule an interview in Washington DC..... and this is where the conversation was over for me. She tells me that the interview is supposed to be in your local jurisdiction (where you live). So I ask her if she is aware of the fact that the USCIS recommends that all 319(b) interviews be scheduled in Washington DC and that when doing 319(b) you can select the office of your choice. She was not aware of this!

C'mon! With the help of google and these great forums I know more about 319(b) than this lawyer who has "a ton of experience with these types of cases" !?!

So far the most competent lawyer that I have found is someone recommended to me in an immigration forum (I can't remember if it was here).

http://www.webberlaw.com/people/penni-frank

Does anyone know her or have any experience with her? She seems to be a true expert on the process. My only cocnern is that due to location, we would have to do everything via phone/email and she would not be present at the interview (which she says is normal for all of her clinets).
 
UncleB said:
So far the most competent lawyer that I have found is someone recommended to me in an immigration forum (I can't remember if it was here).

http://www.webberlaw.com/people/penni-frank

Does anyone know her or have any experience with her? She seems to be a true expert on the process. My only cocnern is that due to location, we would have to do everything via phone/email and she would not be present at the interview (which she says is normal for all of her clinets).
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It was me who suggested her, here in this forum. I don't have any direct experience dealing with her - I found her by doing some google searching. Since she claims to have published an article about 319(b), it seemed like she should be well familiar with it.
 
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