加拿大华人论坛 美国留学移民公民常住海外，配偶可快速申请公民

在加拿大

对需要申请公民的人士来说，美国移民法第319(b)条款是一个陌生的法律条款。此条款许可经常住在国外的美国公民的配偶，快速的申请美国公民。符合此条款要求的美国公民配偶，可以免去以永久居民身分在美国居住的要求，快速的申请美国的公民身分。但是使用此条款的申请人，必须符合公民入籍其它条件。如，道德行为良好，遵循美国的宪法，英文程度合格等。以319条款申请快速公民入籍的要求为：1 ) 申请人是美国公民的配偶；2 ) 美国公民必须是在美国政府机构，或3 ) 移民局认可的美国科学研究机构，或4 ) 进行贸易事务的美国公司，或5 ) 美国在条约下参加的公共性质的国际组织，或6 ) 在美国有分支机构的宗教组织的神职人员，等7 ) 机构工作人员，而必须因工作关系经常在国外长期工作。8 ) 这些人士的外籍配偶可以申请快速的公民入籍。申请快速入籍的人士必须在面谈考试的时候，以合法永久居民的身分在美国合法居留(但不须在美居住任何时间以上)。申请人在入籍时也必须表达在美国永久居留的企图，和在其配偶海外工作结束之后，马上回到美国居住的企图。 申请此入境方式的人士要注意几个事项。第一，此申请是用移民局N-400表提出的。第二，在地区移民局，很多移民官对此319条款并不熟悉，他们只知道美国军人的家属有快速申请公民的许可。他们尤其不了解美国公司的员工配偶也可以申请快速入籍。还好，现在大多数的入籍申请是邮寄到四大移民服务中心的，这里的移民官是比较专业的。在提供的证据方面，申请人必须提供美国政府机构或军人的证明，公司顾用证明，薪资证明等。如果是美国公司的顾员，公司需要提供证明此公司是美国资金所有，还需证明公司是进行国际贸易的。如果公司是上市公司，申请人必须提供公司的年终报告或会计报告。 多长的海外工作符合条件呢？一般来讲，在海外工作一年以上就符合条件。在提出申请时，美国公民可以在国外。如果在国内，必须证明在提出申请之后，马上就会出国工作。对申请人来讲，法律没有要求申请人在提出申请的时候在美国，申请人只须在面谈时在美国面谈。申请人也不需要造美国居住三年或五年。而且，申请人可以在海外美领馆按指纹。 的确，319条款是一个对经常在国外工作的美国公民的配偶宽大优惠的条款。在现在漫长的入籍审理情况下，如果符合条件不妨尝试一下。EXPEDITIOUS NATURALIZATIONELIGIBILITYIn general, immigrants to the United States are eligible to become naturalized citizens if ALL of the following criteria are met:Admitted to the U.S. as a legal resident for at least five years (three years for the spouses of American citizens);Have been physically present in the U.S. for at least half of that time (2.5 years for most immigrants, 18 months for spouses of American citizens) and resident in the district of proposed naturalization for at least three months;Can read, write, and speak English (waived in some cases for applicants over age 50);Have a knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States; ANDHave no other eligibility, such as membership in the Communist or other totalitarian party, a serious criminal record, have deserted from the armed forces of the U.S., etc.However, Section 319(b) of the Immigration and Nationality Act permits the expeditious naturalization of some immigrants. In effect this section of law waives the residency requirement outlined in 1) above:“Any person whose (1) spouse is (A) a citizen of the United States, (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 and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an inter-denominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (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.”PROCEDUREIn order to become a U.S. citizen and obtain a U.S. passport the applicant must first past a citizenship examination administered by the U.S. Immigration and Naturalization Service (INS). The individual must then appear before a Federal Court Judge, who will administer the oath of allegiance. The Court will then issue a Certificate of Naturalization, which must be shown in order to obtain a U.S. passport.APPLICATIONIf you are seeking expeditious naturalization for your spouse, you should do the following:Select a location for processing. You do not have to process your application on your first entry into the U.S. You may do so at any time INS is willing to accept your case. However INS in general will require that the “A” file of the applicant be available to the citizenship examiner and the court. Thus if you land in the U.S. in one city and process your naturalization elsewhere, the process could be delayed if the file needs to be transferred. Anecdotal evidence indicates that Honolulu, Guam, Seattle, Dallas, and Portland are sympathetic to requests for expeditious naturalization. Other individuals have reported that Los Angeles, Miami, San Francisco, and New York are less willing to take these cases.As far in advance as possible request the INS District Director where you wish your spouse to naturalize to accept the case for expeditious naturalization under Section 319(B). You should provide a specific time period when you hope to be processed, and evidence that you as the American citizen qualify. That evidence should include a letter from your employer indicating that you are employed abroad, that the firm is engaged in the development of the trade or commerce of the United States, and that the firm is U.S. owned. INS may request additional information such as payroll records, evidence the firm is engaged in trade or commerce (bills of lading, purchase orders, etc.), documentation on ownership to demonstrate that the firm is a U.S. entity, or the like. You should also request inclusion in the first naturalization ceremony the Court conducts after the citizenship exam.NOTE: The applicant must first obtain an immigrant visa before landing in the U.S. and processing for citizenship.HINTSThe U.S. citizen spouse does not need to be present for the applicant to become naturalized.If the applicant has earlier lived in the U.S. an FBI check may be required.A study aid entitled Guide to Citizenship is available to individuals studying for the citizenship exam. Copies are available from INS offices in the U.S. We do not have copies here in Vientiane.Remember that INS can only test your spouse, not naturalize her. You need to be on the court docket for an immigration ceremony to obtain a Certificate of Naturalization. Backlogs are long － apply early.Naturalization under Immigration and Nationality Act, Section 319(b)The Family Liaison Office (M/DGHR/FLO) acts as liaison with the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security in foreign-born spouse naturalization cases. Department of State employees may contact the Family Liaison Office to obtain information regarding this process.Foreign-born spouses of Department of State employees are exempt from the three-year physical presence requirement in the United States prior to submitting an application for citizenship. However, applicants must meet three requirements in order to qualify for expeditious naturalization. Those requirements are:The foreign-born spouses must, repeat must, have entered the U.S. legally and have Legal Permanent Resident Alien (LPRA) status to apply.The spouse must be going with the employee on an overseas assignment or currently be at post with the employee AND must have at least one year left at post at the time of naturalization. Please note: USCIS will not waive this requirement.Naturalization can not take place more than 45 days prior to departure from the U.S. to post.Applicants should submit all required paperwork to the Family Liaison Office. Upon receipt of the N-400 application, photographs, fingerprint cards, documentation and check for $320.00 ($390.00 if the applicant is in the US and will have fingerprints taken before leaving for post), the Family Liaison Office transmits the paperwork for initial processing to the USCIS Service Center in Vermont. Applicants may request the interview at any USCIS field office. Most of the Department’s applicants request appointments at the USCIS Washington Field Office in Arlington because of its proximity to the Department of State and experience in processing expeditious naturalization cases. For spouses assigned to or currently living in the East Asian Pacific region, the USCIS Field Office in Honolulu offers an alternative location for appointments.A U.S. address may be provided on the naturalization application (N-400). Employees may use the Dulles pouch address or an APO address as their mailing address.Procedures for NaturalizationWhen an applicant has Legal Permanent Resident Alien (LPRA) status, the procedure for naturalization is as follows:The applicant sends or brings the N-400 application, together with the requested documentation and the check (see amounts above), payable to USCIS, to the Family Liaison Office. This packet, with a Department of State cover letter, is forwarded to the USCIS Washington Field Office in Arlington, VA. The Field Office sends the package on to the Vermont Service Center.Upon receipt of the packet, the USCIS Service Center in Vermont requests the applicant’s “A” (alien) file.If the applicant applies from the United States and does not have fingerprint cards from an overseas post, the USCIS Service Center sends the applicant an authorization for fingerprinting at a U.S.－based USCIS-designated facility. After the applicant has been fingerprinted, the prints are sent to the FBI for clearance. Obtaining clearances on name checks and fingerprints can take considerable time. Once they have cleared, the result is entered into the nationwide USCIS database. If the applicant is applying from overseas and therefore can not appear for a fingerprint reading in person, fingerprint cards prepared at post should be included with the application and the $320.00 check. (Applicants should use fingerprint cards provided by the USCIS or the Family Liaison Office. The form number is FD-258 － rev. 12/29/82.)Once all the paperwork has been completed, the applicant can be scheduled for an interview and the final oath ceremony. Appointment requests for specific dates will not be confirmed by USCIS until the fingerprint and name check results are completed and the “A” file has been received.As USCIS liaison, the Family Liaison Office makes every effort to assist, but the Department of State has no authority, official or unofficial, over citizenship processing. There are no guarantees as to when a case can be completed. The naturalization process under 319(b) is taking an average of six months. This is the time between filing the N-400 and the actual naturalization interview with USCIS.Following naturalization at the USCIS Washington Field Office in Arlington, VA, the applicant may take his/her citizenship certificate to the Assignments Division, HR/CDA, to begin diplomatic passport/visa processing. The employee’s personnel technician in that office will assist with entry through the “C” Street entrance. New U.S. citizens attached to the Department of State can also go to the Special Issuance Agency on 1111 19th Street, NW, in Washington, DC with their certificates of citizenship, post assignment notification (indicating that the EFM is on the orders), photos, and identification. If using another USCIS Field Office, it is recommended that the applicant obtain a U.S. passport in that city and apply for a diplomatic passport/visa at post.After naturalization, the U.S. passport must be used to travel in or out of the United States.This FLO Direct Communications Paper is not meant to be all-inclusive. Any individual case may have unique requirements related to military service, child support, or requests for other records that add additional requirements to the process. Therefore, for further information, please contact the Family Liaison Office at 202-647-1076, via fax, 202-647-1670, or by email at [email protected] Family Liaison Office provides assistance to all Foreign Affairs agencies in other program areas. However, FLO’s naturalization assistance is limited to Department of State spouses due to the large number of new and pending cases. The processing time is under the sole authority of the U.S. Citizenship and Immigration Services. Recent Congressional changes have added requirements and increased the complexity of the process. FLO will provide general guidance to spouses from other agencies and work with office counterparts to share information.HËÁd)¾ÜÙbbs.chuguo.cnXy=J×·®7–来源网络

  ·中文新闻 香蕉康达！当英国背包客在澳大利亚工厂里看到一堆香蕉时，他
·中文新闻 联合国气候变化谈判：提议加密货币和商务舱飞行税