n-400 early file & state residency

[josh tree 0]

I've had a green card for close to 5 years. My 5 year anniversary will be mid-June, so the earliest day to file N-400 under the 90 day early file rule will be mid-March (aka, next week) and I would like to apply on the earliest allowed date. However, I moved states (CA -> WA) just under a month ago.

 

Normally, having been a state resident for 3 months is a requirement to file form N-400. However, the wording of USCIS manual and relevant law passages seem to suggest that in case of early filing, the 3-month state residency requirement needs to be fulfilled by the time of examination (aka interview), not filing:

 

USCIS Policy Manual, Volume 12, Part D, Chapter 6 says:

In cases where an applicant has filed early and the required three month period of residence in a state or service district falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

 

and 8 CFR 316.2(a)(5) says:

Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence;

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.2

 

I've searched this forum for weeks and there very few relevant topics, also tried sending a message to USCIS via online portal to clarify but their response was a templated "bullet point requirements to naturalize" without addressing my question, and the live agent/Emma was no use either; so yeah, wondering if anyone knows or had personal experience with filing early when they'd just moved to another state? I guess law is one thing, but USCIS' interpretation and implementation is the other (especially when appeals cost more than filing N-400 anew), and so the way USCIS normally handles these cases in practice is what I'm most interested in. [Especially if you have experience with the Seattle, WA office as I hear USCIS policy can vary by office]

[Mike E 11,739]

Because you moved between states in the last 3 months, you aren't eligible to file N-400. When you have 3 months of residency in WA you will be eligible.

 

https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility

Edited March 9, 2023 by Mike E

[OldUser 6,477]

IMHO "examination of application" is somewhat a vague term. I'm not 100% sure it can only be interpreted as the interview. It could be well before interview. E.g. at any point that USCIS examines the application to sent biometric appointment, or review file to determine if RFE is needed etc.

 

I wouldn't risk it and would apply 3 month after living in new state.

Edited March 9, 2023 by OldUser

[josh tree 0]

There's another CFR passage that seems to support my thinking about this being legally permissible:

 

8 CFR 342.2(b):

 

An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-334/section-334.2

[OldUser 6,477]

1 minute ago, josh tree said:

There's another CFR passage that seems to support my thinking about this being legally permissible:

 

8 CFR 342.2(b):

 

An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-334/section-334.2

Good finds. Are you doing it yourself or with a lawyer? Maybe consult with one to confirm your research?

[Mike E 11,739]

7 minutes ago, josh tree said:

There's another CFR passage that seems to support my thinking about this being legally permissible:

 

8 CFR 342.2(b):

 

An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-334/section-334.2

You can try. I think USCIS will deny you. You might be able to sue and win. It won't get you to an oath ceremony any sooner.

 

I'm pragmatic and so: I'm out

[josh tree 0]

1 minute ago, OldUser said:

IMHO "examination of application" is somewhat a vague term. I'm not 100% sure it can only be interpreted as the interview. It could be well before interview. E.g. at any point that USCIS examines the application to sent biometric appointment, or review file to determine if RFE is needed etc.

 

I wouldn't risk it and would apply 3 month after living in new state.

It's not really vague, as USCIS' own policy manual defines examination as interview in the later section about marriage-based naturalization:

 

In cases where an applicant has filed early and the required 3-month period of residence in a state or service district falls within the required 3-year period of continuous residence, jurisdiction is based on the 3-month period immediately preceding the examination on the application (interview)

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

8 CFR also defines examination as being separate from investigation (which is the part before the interview — background checks, case review, etc), see https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-335:

 

§ 335.1 Investigation of applicant.

Subsequent to the filing of an application for naturalization, the Service shall conduct an investigation of the applicant. The investigation shall consist, at a minimum, of a review of all pertinent records, police department checks, and a neighborhood investigation in the vicinities where the applicant has resided and has been employed, or engaged in business, for at least the five years immediately preceding the filing of the application. The district director may waive the neighborhood investigation of the applicant provided for in this paragraph.

 

§ 335.2 Examination of applicant.

(a) General.  Subsequent to the filing of an application for naturalization, each applicant shall appear in person before a USCIS officer designated to conduct examinations

 

 

--

 

The way I see it based on my layperson's understanding of USCIS policy manual and the law, I should be okay to apply. USCIS can of course disregard the law, so I understand being cautious. I've also heard of some USCIS offices basically ignoring the 3 month residency rule (even in non-early file). So I'm looking more so for personal anecdotes of people who applied early and had moved states/USCIS service districts; and especially if anyone had such an experience in the Seattle office (maybe they don't enforce the residency rule at all?)

[beloved_dingo 1,976]

Personally, I wouldn't risk it just to save ~2 months. Even if you have people comment here that they interviewed in Seattle, had recently moved states, and had no issue passing the N-400, that doesn't mean you would have the same experience.

[Lil bear 4,149]

https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility-tool
 

 

if you go through the USCIS n400 eligibility checker it gives you this .. 

 

Your eligibility may depend on where you moved from. You need to wait to apply if you moved to a new state or USCIS service district in the last 3 months. You may apply once you have lived in your new location for 3 months.

 

 

i guess it depends on the urgency for you of filing asap compared to the risk of denial 

[Allaboutwaiting 2,503]

24 minutes ago, josh tree said:

The way I see it based on my layperson's understanding of USCIS policy manual and the law, I should be okay to apply. USCIS can of course disregard the law, so I understand being cautious. I've also heard of some USCIS offices basically ignoring the 3 month residency rule (even in non-early file). So I'm looking more so for personal anecdotes of people who applied early and had moved states/USCIS service districts; and especially if anyone had such an experience in the Seattle office (maybe they don't enforce the residency rule at all?)

 

Even though the rule you quoted is clear and despite whatever experience someone else could have had, the USCIS is more like a chaotic system where any possible pattern is indiscernible.

 

So if you are a maverick who enjoys intense emotions, permanent uncertainty and diving into the unknown, go for it! File next week. 

Edited March 9, 2023 by Allaboutwaiting

[Sarge2155 4,584]

1 hour ago, beloved_dingo said:

Personally, I wouldn't risk it just to save ~2 months. Even if you have people comment here that they interviewed in Seattle, had recently moved states, and had no issue passing the N-400, that doesn't mean you would have the same experience.

Then you'd also have to figure on the interview coming early as USCIS is known to do that too. Just to many variables and you are dealing with USCIS, to risk it just for a few months early.

Edited March 9, 2023 by Sarge2155

[Crazy Cat 41,610]

I'd wait.  Never give USCIS an ambiguous situation.  

[josh tree 0]

1 hour ago, Sarge2155 said:

Then you'd also have to figure on the interview coming early as USCIS is known to do that too. Just to many variables and you are dealing with USCIS, to risk it just for a few months early.

Yep, this one is fair, but looking at the timelines page on VJ, it appears people rarely get scheduled for an interview earlier than 3-4 months after applying

[Lil bear 4,149]

19 minutes ago, josh tree said:

Yep, this one is fair, but looking at the timelines page on VJ, it appears people rarely get scheduled for an interview earlier than 3-4 months after applying

If you want to go for it then do so

Honestly no one on here is going to encourage you to do so. But its your money not mine ! 

[Sarge2155 4,584]

1 hour ago, josh tree said:

Yep, this one is fair, but looking at the timelines page on VJ, it appears people rarely get scheduled for an interview earlier than 3-4 months after applying

Seems you are dead set to file, with so many VJers recommending  that you wait, you would think that would be an omen for you.

It's really up to you as we don't know your situation. You do you and whatever you feel is right for YOU! Keep us posted on your progress.