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.
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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
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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.Ask a similar question
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.
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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.
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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.
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