residing in the US during application?

[AmyAndDoug]

Hi, does anyone know whether I need to be residing in the US when I apply for citizenship? I got my green card on 1/6/09 and have been residing in the US ever since. This is my 3rd yr and I need to continuously reside in the US until 7/6/11 to fulfill the 6 months/year requirement. And I should be able to apply for citizenship this October. The thing is, my husband and I are planning to move back to China this summer. I'm wondering if I can leave the US after 7/6 and apply for citizenship while I'm in China this Oct. Will that be a problem that I'm not in the country during my application? I mean, I can come back for the biometrics and interview appointments. But will they give me trouble for not being here for the rest of the time? Thanks in advance for the help!

[dnoblett]

The three years and 18 months is a part of the residency requirement.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/N-400Residency1.jpg

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/N-400Residency2.jpg

 

Note the 3 month in district, this has to do with time in USCIS district location before filing petition. I believe moving out of the district and then applying will have a problem. You need to file the N-400 before you make a move.

 

http://www.uscis.gov...le/chapter4.pdf

 

Probably will not have a problem if you traveled after filing the N-400

[AmyAndDoug]

Time as a resident in a USCIS district means you must live in the USCIS district or State in which you're applying for at least 3 months before applying. "A district is a geographical area defined by USCIS and served by one of the USCIS district offices. Students may apply for naturalization either where they go to school or where their family lives."

 

That sounds like a matter of field office, not the time immediately before you apply. no? I'll live in NY state for 6 months this year before I travel to China. That should qualify to apply in NY, right? Also, I'll have 18 months for the past 3 yrs of PR.

[Randy W]

It's doubtful that they would care where your application was mailed from. If you are maintaining your residence in the US, there shouldn't be a problem in any event. If you are not, you may wish to discuss your exact circumstances with an immigration attorney.

[AmyAndDoug]

OK, thanks!

 

It's doubtful that they would care where your application was mailed from. If you are maintaining your residence in the US, there shouldn't be a problem in any event. If you are not, you may wish to discuss your exact circumstances with an immigration attorney.