90 day continuous residence N400

[elinhye 0]

I am moving to NY (different state) in May. From the end of May, I will be traveling abroad until the end of September. When can I apply for citizenship regarding the 90-day continuous residence in the same state rule? I will have all the proofs that show my continuous residence in NY during those times I will be abroad...(driver's license, lease, rent, joint account, utilities)

 

Should I file N400 90 days after I come back to the states? Or can I file after 70 days after coming back since I was in the US in May (roughly 25 days)?

 

I might need to travel abroad for 2 weeks in December.. does this mean I should wait another 90 days to file N400? I just don't want to risk. 

[afrocraft 314]

If I were you, the earliest I would apply would be three full calendar months from the earliest date that is stated on your NY documentation (especially lease/DL). So say the start date on your lease is May 4th, I would wait till at least Sept 1st to apply (allowing for 3 full months of June, July & August). There are two parts to your question: 

 

How travel abroad affects your state residency: It does not, unless you leave the US for more than one year. See 8 C.F.R. 316.5: Residence in the United States, with my emphases and redaction:
 

Quote

(a)General. Unless otherwise specified... an alien's residence is the same as that alien's...principal actual dwelling place...and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.

 

(b)(5)Residence during absences of less than one year.

(i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.

(There's a different "continuous residence" in the US requirement, which you are suspected of breaking when you're absent for six months at a time, but that's another matter.)

 

When to apply: The regulations require that you must have been resident in the USCIS district (state) that has jurisdiction over your application for at least "three months". It's not clear to me if that's 3 calendar months or 90 days as you state, so if I were you I'd be conservative and allow at least 3 clear calendar months after you first establish residence in NY (as evidenced by your lease/DL) before applying. That would suggest that applying when you get back in late September/early October should be fine.

Edited April 20, 2019 by afrocraft

[elinhye 0]

Wow, thank you so much. So even though I am not physically present in the US in June, July, August, I can still apply let's say late September after coming back to the US? The immigration attorney recommended me to wait 3 months and don't take any risk. I wonder if this is even considered as taking a risk....sounds like I can apply in Sep.

[afrocraft 314]

2 hours ago, Elin Hye said:

Wow, thank you so much. So even though I am not physically present in the US in June, July, August, I can still apply let's say late September after coming back to the US? The immigration attorney recommended me to wait 3 months and don't take any risk. I wonder if this is even considered as taking a risk....sounds like I can apply in Sep.

Yeah, so long as you 1) first establish residence in NY (so you must physically move and have evidence of a NY residence) and 2) return to the same NY district. But if you move to another state upon your return, you must then first wait 3 months. The USCIS Policy Manual, quoted below, explains this even further. Show this to your attorney and see what s/he says.

 

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6. Residence During Absences of Less than One Year
An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence.
 

If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement.