Skip to main content

90 days state residency requirement for N400 citizenship application

Newark, NJ |

I traveled outside the US for 4 month. I just got back now and want to apply for my citizenship. Did i brake the 90 days state residency requirement needed before applying when I left the US and stayed outside for 4 month. Do I need to wait 3 month from when I got back before I can apply for my citizenship? I have resided for about ten years in that state before I traveled.

Attorney Answers 4

Posted

You probably didn't break your residence ... but you haven't given us much information.

Did you return to the same house/apartment?

Did you keep your car, job, etc.

Did you work outside of the US?

etc.

etc.

Talking to a lawyer is a good idea.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

2 lawyers agree

4 comments

Asker

Posted

yes I returned to the same address which I have lived in before I traveled. While i was outside the US, I had my mail forwarded to my uncle's house. He also lives in the same state.

F. J. Capriotti III

F. J. Capriotti III

Posted

And ... you didn't work while you were out of the US? You should be fine. Meet with a lawyer.

Asker

Posted

so from what I understand, you are considered living in your district while traveling outside the US as long as you don't exceed 6 month?

F. J. Capriotti III

F. J. Capriotti III

Posted

I wouldn't put it quite the way that you did. Again, a lot depends on what you did while you were out of the US for those 4 months. I've asked more than once if you worked and you haven't responded to that very important question. Meet with an attorney.

Posted

Assuming you returned to the same state to live you continue to satisfy the residence requirement.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Mark as helpful

3 lawyers agree

Posted

Since you have resided in the same state for the past 10 years, you meet the 90-day jurisdictional requirement to file the N400 within the USCIS district. No, you don't need to wait 3 months from the time you get back to apply for citizenship. As always, please see to it that you consult with an immigration attorney before filing your application to make sure there are no issues that would endanger your immigration status.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

Mark as helpful

1 lawyer agrees

Posted

Did you return?

www.Immigration-Lawyer-NJ.com

John Lassen 1-877-252-4630

Mark as helpful

1 lawyer agrees

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics