Naturalization under Section 319(b) - American firm or corporation

[jacketconfident 13]

Since most of the discussion on this site relating to Section 319(b) of the INA relates to military spouses, I wanted to share our experience of a successful naturalization under another of the 319(b) categories – for those whose spouse has a qualifying employment abroad with an American firm or corporation. It was difficult for us to find a case similar to ours in researching how to prepare our application, so I thought this post might provide a helpful data point.

 

I (the original petitioner) am an American citizen. I am employed at a foreign office of a US-headquartered commercial law firm. This foreign office practices both US and foreign law, but I am an American lawyer practicing US securities law out of this foreign office. Among other things, I assist foreign companies in issuing bonds. I help make sure that these bonds comply with US securities laws, especially as a portion of them are sold to US investors.

 

I do not practice immigration law. This post is an account of our immigration experience, not legal advice.

 

My wife (the original beneficiary) was a US permanent resident, but had only resided in the US for about six months before we moved abroad. This put her in the position of needing to return frequently to the United States to maintain her permanent residency, which was a pain and not really sustainable for long, as we do not yet know when we will return to the United States.

 

American firm or corporation

 

Applicants’ spouses need to be employed by an “American firm or corporation,” or a subsidiary thereof. This usually means that the American spouse’s employing entity, or its parent, needs to be more than half owned by Americans and was incorporated or registered in the United States.

 

Not all global American-based law firms are likely to meet this criterion. For instance, many operate on a verein model in which the foreign offices are not in common ownership with the US offices; functionally, they are separate law firms that share common branding. My employer, however, is one of a few that follows a more traditional model on which most of the foreign offices are just branches of the US law firm. So, although my employment contract is governed by foreign law, the employing entity is a US LLP.

 

In order to establish American ownership USCIS requested a number of documents, including the firm’s partnership agreement and its annual report. Our own immigration lawyers initially suggested that we ask the firm for copies of the passports of all the firm’s owners (the equity partners) in order to prove that more than half of them were Americans. None of this was remotely acceptable to my firm. In the end, all we had for our application was a letter from the general counsel of the law firm affirming that, having access to the records of the firm, it was more than half owned by Americans. Evidently, this was acceptable to USCIS.

 

Development of foreign trade and commerce of the United States

 

Apparently, the criterion that the employing firm be engaged in the development of the United States is rather loose. Our immigration lawyers drafted a letter for the head of HR of my firm to sign that confirmed that I did the sort of US-related work I mentioned above. (My understanding is that the applicant needs to show that the firm is engaged in the development of foreign trade and commerce with the United States, not that the employee’s particular job is so connected – but in my case, the strongest connection to US trade and commerce is through my job.)

 

The applicant also needs to show that the citizen spouse is “regularly stationed abroad,” meaning that they are scheduled to be employed abroad for at least one year from the time of filing the N-400. This requirement seems more geared towards military and diplomatic posts. In my case, and like most jobs at law firms, my contract is of indefinite length. Accordingly, the letter from HR merely confirmed that I was, at the time of writing, employed by the firm. Evidently this, too, was acceptable to USCIS.

 

The rest of my wife’s application included evidence that is common to other 319(b) applications: evidence we live together abroad, evidence that she would leave the US after naturalization, intent to return to the US, etc.

 

I’m happy to field questions in the thread below.

[jztelemark 19]

Glad your case went so quickly and congrats. At least I know it’s possible for no military as I work for the UN. My wife and I filed over a year ago and there has been no movement.   Sigh

[Chloe257 0]

Hi so under ina319b, it is possible to receive the green card, leave immediately to abroad without any physical presence requirements, and apply for naturalization abroad? My husband is employed broad with a religious organization and I just received my green card. We are both back in the States but hope to leave to abroad soon. 

From your case, it seems like they accepted your wife's application even without being in the States for uninterrupted year? Thanks!

[Mirrr 0]

You can do that but you have to keep being a lpr till oath. Therefore, if it takes longer than 6 months. You need to go back USA and wait there. LPR can't live more than 6 months per year away of US.

 

When it is not military takes more than a year applying for 319b

 

Edited September 1, 2023 by Mirrr

[angeljolie 188]

On 8/25/2023 at 2:01 PM, Chloe257 said:

Hi so under ina319b, it is possible to receive the green card, leave immediately to abroad without any physical presence requirements, and apply for naturalization abroad? My husband is employed broad with a religious organization and I just received my green card. We are both back in the States but hope to leave to abroad soon. 

From your case, it seems like they accepted your wife's application even without being in the States for uninterrupted year? Thanks!

 

On 9/1/2023 at 1:08 PM, Mirrr said:

You can do that but you have to keep being a lpr till oath. Therefore, if it takes longer than 6 months. You need to go back USA and wait there. LPR can't live more than 6 months per year away of US.

 

When it is not military takes more than a year applying for 319b

 

Per INA 319 (b), spouses of US citizens regulary stationed abroad under qualifying employment are exempt from continuous residence and physical presence requirements. Please note emphasis on qualifying employment. 

[Mike E 11,739]

4 minutes ago, angeljolie said:

 

Per INA 319 (b), spouses of US citizens regulary stationed abroad under qualifying employment are exempt from continuous residence and physical presence requirements. Please note emphasis on qualifying employment. 

The question in my mind is if there has to be a pending N-400 to prevent CBP from making a successful case for abandonment of LPR status or does simply being a spouse of a U.S. citizen working for a 319(b) auffice? 

 

[USLawyerAbroad 0]

Hello JacketConfident,

 

My family is in a very similar situation (US securities lawyer abroad). Would you be willing DM me with more information about the immigration law firm you worked with for your Section 319(b) application?

Thank you very much — this would mean so much!

[Crazy Cat 41,804]

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