3 months prior to the date of filing the application

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goshopbg

Registered Users (C)
Hi everyone!
I am permanent resident since May/6/2005.I lived at the same place in the USA for more than 30 months.Right now I am outside of the USA and going to stay here till April.(5 months outside the states)
I was going to apply for citizenship when I go back to the states.(April/1/2005-1 month before the anniversary of my green card)
Recently I checked the uscis.gov web site and found something concerning me there:

"Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application"

I do not know how to translate that.Does that mean that I need to be in Massachusets 3 months right before I apply for citizenship(if I go in the USA in April therefore I can file N-400 in July).Or when I was in USA ,to lived the last 3 months in Massachusets.(which I did since April/12/2009 till October/29/2009).

I want to get the citizenship as soon as possible.
Please help me if you had such an experience or if you know anything about that.
Thanks in Advance!
Best Regards
 
If you go back to the same district/state as before you left, you would be considered to have been a resident of that area all along. But if you move to another area upon returning to the US, then you'd have to wait 3 months.
 
Hello everyone!

Thank you Jackolantern for your reply.

I am very confused,because I have been told different things about "the 3 months residence within the state prior to the date of filing the application".

I spoke with an immigration lawyer that told me it is fine to apply right after I go back to the USA,as long as I have been living in this State for the last five years.
Several more users from this and other forums said so(including Jackolantern).

But I have been checking different opinions from this and other forums and the result was 50/50.

Finally I have decided to contact another immigration lawyer.She said:"It means exactly this: an applicant for naturalization has to live (physically reside) in the USCIS district for at least 3 months immediately prior to applying for naturalization."

After that I called another one and she said the same.

I do not know who to trust.

Is there anybody in this forum that have been in the same situation like me and knows for sure what is the law.I would appreciate your help guys.

Best Regards
 
You are fine

You are outside of the US temporarily??...if yes then you are fine... You are still living in the US eventhough you're overseas, you haven't broken your continous residence so far..
 
I am in the same situation. I was also told different things about district residency requirement. I went through a lot of documents and found two definitions of district residency requirement.

1. you have to live in the district in which you apply 3 months before applying.
2. you have live in the district in which you apply the last 3 months before applying.

According to first definition, it is ok to file your application as soon as you get back to US. But, according to second definition, it is not.

I am still debating which defition I should follow. If you figure out the meaning of district residency requirement , please let me know.
 
husotx said:
I am in the same situation. I was also told different things about district residency requirement. I went through a lot of documents and found two definitions of district residency requirement.

1. you have to live in the district in which you apply 3 months before applying.
2. you have live in the district in which you apply the last 3 months before applying.

According to first definition, it is ok to file your application as soon as you get back to US. But, according to second definition, it is not.

.
Click to expand...
The caveat with the second definition is that at least 3 months must have passsed (including any absences) since you first esthablished residency in the same district area you are returning to in order to be able to file upon your return.
 
Hi all.
I trust Bobsmyth and have already decided.I am going to file N-400 right after I get in USA.Most of the people now,said I do not have to be physically present for 3 months immediately prior I file.
I just think these immigration lawyers are not very familiar with the law.
My concern is about my long absence every year.I hope they will not decide I broke my continuous residence in the USA.
Husotx,if you know something different about this issue please let me know.
Best Regards
 
goshopbg

I will do the same thing. Although I will be eligable to apply on May 10, 2010, I will send my application on Nov 3, 2010 (right after my return to Dallas). I have also long absence every year. Let's see what will happen.
 
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