Expedited Naturalization Instead of Reentry Permit

Facts

A married couple consulted with me about a problem they had been having with the husband’s green card. The wife was posted overseas by her employer and the husband naturally followed her there with their small child. However, each time the husband tried to reenter the U.S. he was invariably placed in secondary inspection and repeatedly harassed by Customs & Border Protection (CBP) about his residence abroad and their perceived abandonment of his LPR status. The husband’s green card was conditional, so the prospect of filing an I-751 petition from overseas and waiting forever for it to be approved was also looming large. So the husband wanted to talk about applying for a reentry permit (based on what he was told by CBP during his most recent U.S. admission ordeal).

Strategy

As soon as I found out that the wife’s employer was a well-known public international organization with headquarters in the U.S., the solution immediately presented itself in the form of expedited naturalization for the husband under Section 319(b) of the Immigration and Nationality Act (as amended). This section allows expedited naturalization of LPR spouses of U.S. citizens who are employed abroad by certain specific employers, such as public international organizations that include the U.S. as a member by statute or treaty.

Result

Less than 3 months later the husband was sworn in as a U.S. citizen and received his Certificate of Naturalization immediately after his naturalization interview. He didn’t need a reentry permit to protect his LPR status while residing overseas. He didn’t have to fulfill any residency requirements applicable to all other LPRs. He and his wife didn’t need to file the I-751 petition to make the conditional green card permanent. And the best part was that he was treated like royalty by USCIS. A case officer from the local district office even e-mailed me to ask for my client’s preferred naturalization interview dates and times.