Title: Expeditious Naturalization Eligibility Screening Tool Author: Gary Chodorow | Chodorow Law Offices Q(1): We will ask you some questions. Your answers will help determine if you may qualify for expeditious naturalization. This will only take a few minutes. A: Start Q(1.1):GOTO:2 Q(2): This eligibility screening tool is not legal advice. Only a lawyer can give you legal advice. Using this tool does not create a lawyer-client relationship. A: I understand. Q(2.1):GOTO:3 Q(3): You must be a lawful permanent resident of the United States. (This includes conditional residents). A: I am Q(3.1):GOTO:4 A: I am not Q(3.2): You are not eligible. To qualify for expeditious naturalization, an applicant must be a lawful permanent resident at the time the naturalization application is filed and at the time of the naturalization interview. Q(4): You must be married to a U.S. citizen. A: I am Q(4.1):GOTO:5 A: I am not Q(4.2): You are not eligible. Q(5): Is your spouse employed abroad by (or under contract or orders to be employed abroad by) one of the following: A: A. an American firm or corporation Q(5.1): Is the firm or corporation one of the following? A: A. Publicly traded corporation: A publicly traded corporation is considered to be an “American firm or corporation” if the applicant can demonstrate that the corporation is incorporated in the U.S. and trades its stock exclusively on the U.S. stock exchange. The corporation’s most recent annual report is usually enough to prove this. Q(5.1.1):GOTO:trade A: B. Privately held corporation: Evidence that the employer is a qualifying American firm or corporation may include copies of the business’ articles of incorporation, evidence of ownership including copies of stock certificates and ledgers, and proof of the shareholders’ nationality. These must show that at least 51% of the shares are held by U.S. citizens. Q(5.1.2):GOTO:trade A: C. Partnership: For a partnership to qualify as an “American firm,” 51% of the partners must be of U.S. nationality. Q(5.1.3):GOTO:trade A: D. Nonprofit corporation: The statute doesn’t limit the term “American firm or corporation” to for-profit entities. The legacy INS has recognized that nonprofits incorporated in the U.S. qualify. Q(5.1.4):GOTO:trade A: E. The subsidiary of one of the above types of firms or corporations. The subsidiary must be at least 51% owned by the parent. Q(5.1.5):GOTO:trade A: F. None of the above. Q(5.1.6): You are probably not eligible. Consult with a qualified immigration lawyer for further advice. A: B. the U.S. government Q(5.2):GOTO:6 A:[http://tinyurl.com/gvzfzdo] C. an American research institution recognized by the Attorney General and listed in 8 C.F.R. § 316.20(a). Q(5.3):GOTO:6 A:[http://tinyurl.com/gvzfzdo] D. a public international organization in which the U.S. participates by treaty or statute, as listed in 8 C.F.R. § 316.20(b) or (c). Q(5.4):GOTO:6 A: E. a religious denomination having a bona fide organization within the U.S. (if authorized to perform ministerial or priestly functions), or a religious denomination or an interdenominational mission organization having a bona fide organization within the U.S. (if engaged solely as a missionary) Q(5.5):GOTO:6 A: F. none of the above. Q(5.6): You are not eligible. To qualify for expeditious naturalization, an applicant must be employed by one of those specified types of employers. Q(6): Does your spouse have an employment contract (written or oral) or orders under which your spouse is scheduled to work abroad for at least one year, counting from the date you will file your naturalization application?

Notes:
(1) It's OK if your spouse has not yet begun the employment.
(2) It's OK if the employment contract is "at will" or "open-ended," so long as the employer and your spouse both intend for the work to last for one year.

A: Yes Q(6.1):GOTO:7 A: No Q(6.2): You are not eligible. An applicant's U.S. citizen spouse must be "regularly stationed abroad," meaning have an employment contract (written or oral) or orders to work abroad for a period of not less than one year. Q(7): You must be in the U.S. at the time of the naturalization appointment and oath ceremony.

Note: It is not necessary to be in the U.S. at the time the application is filed.

A: OK Q(7.1):GOTO:8 A: Not OK Q(7.2): You are not eligible. Q(8): You must be willing to depart the U.S. to live abroad with your U.S. citizen spouse not later than 45 days after the date of naturalization. A: OK Q(8.1):GOTO:9 A: Not OK Q(8.2): You are not eligible. Q(9): You must have a good faith intention to take up residence within the United States immediately following the termination of your spouse's qualifying employment abroad. A: OK Q(9.1):GOTO:10 A: Not OK Q(9.2):You are not eligible. Q(10): Congratulations! It looks like you may meet the requirements for expeditious naturalization. Remember that you must also meet the general requirements for naturalization. A:[http://lawandborder.com/expeditious-naturalization-for-spouses-of-u-s-citizens-employed-abroad/] A. Read our law firm's Guide to Expeditious Naturalization. Q(10.1):GOTO:10 A:[http://lawandborder.com/guide-naturalization-united-states/] B. Review the general requirements and procedures for naturalization in our firm's Guide to Naturalization in the United States. Q(10.2):GOTO:10 A:[http://lawandborder.com/consultation/] C. Schedule an initial consultation with Chodorow Law Offices to get help with expeditious naturalization. Q(10.3):GOTO:10 Q(trade): Is the American firm or corporation engaged in whole or in part in the development of U.S. foreign "trade" or "commerce"? This includes, among other things, the exchange, purchase, or sale of goods and/or services. A: Yes Q(11.1):GOTO:6 A: No Q(11.2): It appears you may not be eligible for expeditious naturalization.