residency requirement

[mayanksanghavi 1]

Hello All,

Do I qualify to apply for citizenship if I traveled out of country before 90 days of applying.

Below is my situation. I traveled outside of the country from Jan 20 to Feb 9. Can I apply for citizenship on Feb 22 or do i have to wait for 90 days from Feb 9 to apply?

Please help so I don't waste $600+ on applying.

[Udella&Wiz 325]

Hello All,

Do I qualify to apply for citizenship if I traveled out of country before 90 days of applying.

Below is my situation. I traveled outside of the country from Jan 20 to Feb 9. Can I apply for citizenship on Feb 22 or do i have to wait for 90 days from Feb 9 to apply?

Please help so I don't waste $600+ on applying.

Going on a trip for 2-3 weeks before you send your N400 doesn't affect the application timing. Of course you need to meet all the other requirements. Are you apply based on 3 yrs of marriage or 5 yrs of Permanent residency? You must meet the overall residency requirements for someone who is a permanent resident of the US. You can look those up on the USCIS website.

Cheers

[v333k 59]

As long as you meet all other requirements, that trip means nothing to your application... make sure you indicate the trip when you fill the app but that won't affect anything..

[mayanksanghavi 1]

Going on a trip for 2-3 weeks before you send your N400 doesn't affect the application timing. Of course you need to meet all the other requirements. Are you apply based on 3 yrs of marriage or 5 yrs of Permanent residency? You must meet the overall residency requirements for someone who is a permanent resident of the US. You can look those up on the USCIS website.

Cheers

thanks for the info..i am applying as 3 yr marriage .

[I AM NOT THAT GUY 5,715]

(B) Determination of Place of Residence .

In order for you to have jurisdiction over the applicant’s N-400, the applicant must have continually resided for a period of 90-days within your district or within your State. The applicant must have established residence in the jurisdiction 90 days prior to filing the application. Please keep in mind that some Service districts have jurisdiction over more than one State and some States contain more than one district office. For example, Wisconsin and Indiana are both within the same Service District. If a n applicant lived in the State of Wisconsin for 45 days, then moved to the State of Indiana for 45 days that applicant will achieve the 90-day jurisdictional requirement upon residing in Indiana for 45 days. Likewise, if an applicant resided for 45 days in the New York City district and moved to the Buffalo district, upon the completion of 45 more days of residency in the Buffalo district that applicant will achieve the 90-day jurisdictional requirement because both districts are within the same State. See section 316(a) and section 319(a) of the Act, 8 CFR 316.2(5), 8 CFR 100.4, and 8 CFR 334.2(b).

An applicant’s residence is defined as “the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent” (see section 101(a)(33) of the Act). For naturalization purposes, the applicant’s residence is the same as his or her domicile, or principal actual dwelling place, without regard to the applicant’s intent. The duration of an alien’s residence in a particular location is measured from the moment the alien first establishes residence in that location. (See 8 CFR 316.5(a)) The applicant’s present residence, not the present temporary abode, will determine whether you have jurisdiction over the application.

[(b)(2) or (b)(7)(E)]

You also will need to ask questions to determine whether the applicant resides where he/she claims. [(b)(2) or (b)(7)(E)]

An applicant’s principal place of residence is also important if your district conducts judicial naturalization ceremonies. You will need to verify that the applicant’s residence is within the district court’s jurisdiction. In some districts, every applicant’s residence is not only within the jurisdiction of the Service District but also that of only one district court. In others, there may be more than one district court within the Service District area. Be sure that you are aware of each court’s jurisdict ion, and properly assign the applicant. Note that persons who temporarily reside within the jurisdictional limits of a district court while pursuing an application filed pursuant to section 319(b), section 328(a), or section 329 of the Act are not subject to the exclusive jurisdiction provisions of section 310(b)(1)(B) of the Act.

By reviewing and questioning the applicant about the periods and places of residence listed on the N-400, you will be able to determine whether you have jurisdiction over the N-400 and whether the applicant has established the required principal residence in the United States for naturalization purposes.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-23223/0-0-0-23319/0-0-0-24381.html

Edited February 13, 2012 by ☼