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Can I Move after filing N-400?

Urbana, IL |

I am eligible to apply for naturalization in November 2013 (I became permanent resident in February 2009 so this November will be 5 years minus 3 months since I became LPR).

I know I have to be residing in the same state for at least 3 months before I applied and indeed I lived in Illinois for 2 years, but have to move to New York for a new job in January 2014).

Can I still apply, or my application will be canceled after I move? Is it required to live in the same state only 3 Month before I apply OR I should reside in the same state for the whole process? Does it make any difference in this regards if I apply through an attorney (i.e. if I move to another state can the attorney in the state I started the application still follow my case?)

Attorney Answers 6

  1. The 3 month requirement is not one of physical residency. It is a period before the 5 yrs that you may file the application. You will be eligible to file in NY as soon as you have your new address. It is better than requesting a file transfer which risks misplacement of your file.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

  2. You are correct about the 3 month residency requirement.
    "Applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5))."
    Apply and the file change of address form

    609-271-3573. This answer is for informational purposes only and should not be construed as legal advice.

  3. Best to file when you start living in NY rather than file in ILL, move, request file transfer and risk USCIS losing your file, which I almost guarantee they will.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. Better once you move to NY. But if you have an IL attorney, no problem. Immigration attorneys can file cases for clients residing anywhere.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

  5. The USCIS requires you to establish residency 90 days before filing. Have you lived in Illinois for the last 90 days? If so, the 'subsequent' transfer request will have no effect on the residence rule.

    In other words, if you file now and identify Illinois as your residence, then the USCIS delay will not be used against you if you must move in January. However, you may want to hire a competent attorney who appreciates the law, regulations, AILA liaison notes, and situation to assist with the matter.

    This is general information, not legal advice, and does not create an attorney client relationship.

  6. I agree with my colleagues that your best option would be to file it from New York as soon as you have a permanent address there - no need to wait 3 months. Speak with your IL immigration attorney about your move and what their advice may be. Make sure you keep immigration updated of any address change(s) in a timely manner.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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