N400 denied reason: Lack of Jurisdiction ....help!!!

[P N O 0]

hello everyone new to this site first time poster here's my story

I moved to OH from NJ on Sep 30th 2011, i applied n400 on Oct 28th 2011, had the fingerprints done something in Nov,.got the internet schedule for Jan 6th, i went in that day was with the interviewing agent for about 4 mins and he denied my file, reason being i was not in ohio for 90 days the day i filled the n400. is there a such law like this? i've been a PR since 6 years now so i was applying based on my continuance 5 year stay. he said i can apply now because its been 90 days since i moved but at the time of interview i was 90 days oh resident too. did i just loose out on $680? is there anythning i can do ..? please suggest ..thanks

[Tygrys 143]

From N-400 eligibility requirements. It looks like you may have to reapply..

"Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. However, generally, an applicant for naturalization must:

• Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.

• Be a lawful permanent resident (have a “green card”).

• Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)

• Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.

Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship. The form to file a claim to U.S. citizenship is Form N-600, Application for Certificate of Citizenship. These are general guidelines that do not apply to every applicant. For more information on these requirements, please visit www.uscis.gov/citizenship. Information on each of these requirements is also available in A Guide to Naturalization, available at www.uscis.gov/natzguide"

[Heliosphan 1]

As far as I can tell from your dates he's right. You were an Ohio resident for less than a month before you applied for naturalization. It's one of the lesser rules but it's in there. Sorry to hear that.

[nwctzn 55]

hello everyone new to this site first time poster here's my story

I moved to OH from NJ on Sep 30th 2011, i applied n400 on Oct 28th 2011, had the fingerprints done something in Nov,.got the internet schedule for Jan 6th, i went in that day was with the interviewing agent for about 4 mins and he denied my file, reason being i was not in ohio for 90 days the day i filled the n400. is there a such law like this? i've been a PR since 6 years now so i was applying based on my continuance 5 year stay. he said i can apply now because its been 90 days since i moved but at the time of interview i was 90 days oh resident too. did i just loose out on $680? is there anythning i can do ..? please suggest ..thanks

The interviewing officer is right. You had to be in the same district/state for at least 90 days at the time when you filed N-400. There is nothing you can do about it. Apply and pay the fees again.

Edited January 12, 2012 by nwctzn

[P N O 0]

From N-400 eligibility requirements. It looks like you may have to reapply..

"Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. However, generally, an applicant for naturalization must:

• Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.

• Be a lawful permanent resident (have a “green card”).

• Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)

• Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.

Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship. The form to file a claim to U.S. citizenship is Form N-600, Application for Certificate of Citizenship. These are general guidelines that do not apply to every applicant. For more information on these requirements, please visit www.uscis.gov/citizenship. Information on each of these requirements is also available in A Guide to Naturalization, available at www.uscis.gov/natzguide"

where is this info found @? also on the instruction for the n400 i dont see anything about the 90 day law

[nwctzn 55]

where is this info found @? also on the instruction for the n400 i dont see anything about the 90 day law

Check this link on the USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86bd6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=86bd6811264a3210VgnVCM100000b92ca60aRCRD

Eligibility Requirements:

If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

- Be 18 or older

- Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization

- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

- Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application.

Edited January 12, 2012 by nwctzn

[nwctzn 55]

where is this info found @? also on the instruction for the n400 i dont see anything about the 90 day law

You can also check USCIS Publication M-476 A Guide to Naturalization: http://www.uscis.gov/files/article/M-476.pdf

If you go to Page 19, First Row, Second Column:

Time in USCIS District or State: 3 Months

Edited January 12, 2012 by nwctzn

[nwctzn 55]

Also mentioned on page 24 of USCIS M-476 http://www.uscis.gov/files/article/M-476.pdf

Time as a Resident in a USCIS District or State:

Most people must live in the USCIS

district or State in which they are

applying for at least 3 months before

applying. A district is a geographical area

defined by USCIS and served by one of

the USCIS “District Offices.”

Edited January 13, 2012 by nwctzn

[I AM NOT THAT GUY 5,715]

It is also in the eligibility checklist.

http://www.uscis.gov/files/article/attachments.pdf

[NickD 202]

It is also in the eligibility checklist.

http://www.uscis.gov...attachments.pdf

Those eligibility checklists are nice, before you had to plow through 68 pages of stuff that doesn't even apply to you to get that same information.

Have to study all that stuff first before applying, the law is there, but don't even bother asking why its there. Your congressman is too busy running for reelection and keeps on talking about wars that were never declared we or rather they are involved, in. Unfortunately your lockbox guy didn't catch that and return your application with your check.

If there is any logic in this law, beats the hell out of me, USCIS is a federal organization, and not a city, township, county, or state organization, so what difference should that make to them?

But like so many of their laws that don't make any sense, you have to know and follow them. Ha, even surprised your IO knew about that law.

[nwctzn 55]

But like so many of their laws that don't make any sense, you have to know and follow them. Ha, even surprised your IO knew about that law.

The "90-days in same district/state" rule is present because of background-check reasons and I am pretty sure every IO knows about it.

[mybelle 0]

The "90-days in same district/state" rule is present because of background-check reasons and I am pretty sure every IO knows about it.

Hello all,

First of all, I don't think that the 90 days in same district/state is a law but a USCIS rule. Reason I mention this is because of my son's recent experience with his N-400 journey. We live in FL, and in April 2011 he got a job and a apartment in VA, so when he filled-in his N-400 in April he put his new address in VA down, he had not yet moved but his lease had a start date of April 1st, so when he completed his N-400, he truthfully stated in the residency section, he put down the dates he would be moving to VA and VA address as his current address.

Anyway at his interview in VA, the IO stated he did not meet the residency requirements, but would have to check with his supervisor, and got the usual letter of "we cannot provide a decision......". His status change to RFE (request for more info, but he never got a letter requesting more info) and about 4 weeks later he got scheduled for Oath.

So I think the residency requirements may be something the district office has some flexibility in

Mybelle

[manirainbow 0]

From N-400 eligibility requirements. It looks like you may have to reapply..

"Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. However, generally, an applicant for naturalization must:

• Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.

• Be a lawful permanent resident (have a “green card”).

• Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)

• Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.

Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship. The form to file a claim to U.S. citizenship is Form N-600, Application for Certificate of Citizenship. These are general guidelines that do not apply to every applicant. For more information on these requirements, please visit www.uscis.gov/citizenship. Information on each of these requirements is also available in A Guide to Naturalization, available at www.uscis.gov/natzguide"

Sir

i am facing same kind of problem

thank you

i moved to Califonia on 11/24/2013 . and started my work on 11/25/2013

the fist place i was in San Ramon which is Contra Costa county period of stay 11-24-2013 through 11-25-2013 whose zip code is 94583 (new hire orientation)

the second place was in Fremont , which is Almeda county (39370 civic centre dr) from 11-26-2013- Jan - 24-2014 whose zipcode is 94538 (Temp living)

the third place was in Fremont which is Alemda county 2296 archer avenue , Fremont from jan 25-2014 to present whose zip code is 94536

i have a employer pay stubes from 11/25/2013 to present

both Almeda county and Contracosta country comes under San Fransisco Field office, Both zip code 94536,and 94538 comes under SAnfransisco Field office

bu the zip code 94538 comes under San Jose Field office

the application was send on 2/24/2014 and USCIS reacived on 2/26/2014

and waiting interview notice , based other exprience i am also goin to loosing $680

is there any hope i can get through?

1) i am in california state since 11-24-2013 and started to work on 11-25-2013

applied on 2/24/2014 , and uscis reacived on 2/26/14 is my priority date.

can you guide please

so if we calculate 11/25/2013 through 2/25/2014 stay in CAlifornia will come to 92 days

[I AM NOT THAT GUY 5,715]

As long as you are in the same state, or district, for 90 days, you are okay.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

[manirainbow 0]

As long as you are in the same state, or district, for 90 days, you are okay.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

Definition of State

The term “State” includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.^[1] See INA 101(a)(36). As of November 28, 2009, Commonwealth of the Northern Mariana Islands (CNMI) is part of the definition of United States. See Consolidated Natural Resources Act of 2008, Public Law 110-229. See Chapter 3, Continuous Residence, Section E, Residence in the Commonwealth of the Northern Mariana Islands.

so it is more applicable to District