Residence and USCIS jurisdiction in N-400 application
I am meeting all eligibility requirements for naturalization but have a question about the 90-day residence in the same USCIS jurisdiction requirement. By moving from Northern CA to Southern CA, am I changing USCIS jurisdiction?
Yes, you are. By "jurisdiction" not the state, but the actual USCIS district which is meant. For instance, the jurisdiction of the L.A. district office vs. that of the Sacramento district office. To be able to file in either one of the Los Angeles district and sub-district offices, you'll need to have previously resided there for at least 90 days prior to filing your N-400.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
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.
I respectfully disagree with my colleague. The applicable regulation requires that you reside for at least three months in a "State" *or* "Service district" having jurisdiction over your residence. Thus, in a state with multiple USCIS districts, you can move from one district to another within the same state and still satisfy the residence requirement. Likewise, if a USCIS district covers more than one state (which many do) you can move to anywhere within that USCIS district and still qualify without having to wait another 90 days. Consult with an experienced immigration attorney for advice on how to best proceed in your specific situation.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
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.