Under certain circumstances a Lawful Permanent Resident married to a USC may naturalize without regard to the three or five year residency requirements and, in the case of Conditional Permanent Residents, without ever having to file an I-751 to remove the condition.

The expedite is for spouses who are married to USCs regularly employed abroad. The alien spouse must meet all of the following conditions:

a. A permanent resident. b. Intend to reside with the USC spouse abroad after naturalization. c. Intend to resume residence in the U.S. when the citizen spouse's employment abroad is over.

The USC spouse's employer must be :

a. The U.S. government. b. Certain U.S research institutions. c. A U.S. firm or a subsidiary engaged (in whole or in part) in the development of U.S. foreign trade. d. A public international organization in which the U.S. participates. e. A relgious organization (if employed in a ministerial capacity) having abona fide organization in the U.S. or an inter-denominational mission organization (if employed as a missionary) having a bona fide organization in the U.S.

Key terms: 'US FIRM': INS General Counsel David A. Martin issued a legal opinion on Sept 14, 1995. U.S. firm is determined by 50%+ ownership as similarly defined in another provision INA 316(b). Further, in subsidiary relationships it is the top owner that counts. The opinions illustration assumes the top company to be foreign, but the converse of the illustration follows: if Company D (UK) is subsidiary of Co. C(UK), which is subsidiary of Co. B (UK), wholly owned subsidiary of Co. A(US), Co. A is a U.S. Company. 'TRADE AND COMMERCE': Based on General Counsel Opinion in Feb. 23, 1993 republished 72 IR 1154 and another published in 1987. Trade and Commerce should be construed broadly to cover trade in services or technology and this is consistent with Congressional intent. "Trade and Commerce not defined in regs but should be interpreted liberally in a fashion similar to that applied in the E-1 nonimmigrant context. 8 CFR §214.2(e)(2).

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