Apply Now or Later?

[marballe]

Here's my situation...
I have the Green Card since 07/20/2004. I have been in Florida for the past 5 years and the N-400 form is done; but I haven't submitted it yet... The reason is that I will be moving to California for graduate school in August.

1. How difficult to do an address change after turning in N-400 and how much delay will I incurred? (b/c it is only like 3 months till I have to be in CA... if it is too much harass & delay, I probably will wait till I get to CA)
2. Since my parents are still in FL, can I use their address as permanent address? If so, will there be a lots of back-and-forth traveling and do I need my FL driver license for the interview? (I am thinking on giving up my FL driver license for CA, b/c of the tuition benefit next year...)
3. If I wait until I move out to CA before applying, do I have to wait for 3 extra months for residency? What about students?
Time as a Resident in a USCIS District or State
Most people must live in the USCIS district or State in which they are 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 (if they are still financially dependent on their parents). From USCIS "A Guide to Naturalization"

Please advice. Thanks.

 

[Jackolantern]

Will your parents be financially supporting you in grad school? Will you be staying with them until it's time for school in August? Will you be keeping your FL license or state ID? Will you be charged out-of-state tuition at the California school, if it is a state school?

If yes to all of the above, you can apply as a Florida resident, using your parent's address. But you will need to return to FL to give fingerprints, interview, and oath.

Otherwise, before you apply you'll need to wait 3 months in CA if you want to apply as a CA resident. Make sure you change your state ID or license to CA if that's what you're doing.

 

[Jackolantern]

If you change to CA after applying, you invite the double-delay of having them process your address change and transfer your files as necessary, plus the 3 months you have to stay in CA before you can be interviewed. So make sure you either apply as FL and stick to FL throughout, or wait until you've completed the 3 months in CA and then apply as a CA resident.

 

[baikal3]

If you change to CA after applying, you invite the double-delay of having them process your address change and transfer your files as necessary, plus the 3 months you have to stay in CA before you can be interviewed.

Are you sure about this? I was under the impression that the 3 months district residency requirement applied only to the time an N-400 is filed, not to the time of the interview (if so, then the only delay associated to a post-filing change of address to CA would be associated with the application transfer, but not with having to wait three months until a 3-month California residency is established).

The language used in Sec 1427(a) is "who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months", http://www.fourmilab.ch/uscode/8usc/www/t8-12-III-II-1427.html

 

[DavidSEA]

given that the OP is moving to CA for studying, there's a low likelihood s/he'd need the USC as fast as possible. I'd send the N-400 in ~Nov this year from CA, once the 3 months of district residency have passed. The logistics to appear to FP and interview/oath are much easier. I understand many of us can't wait to become USC as soon as possible (me included...), but for that situation I'd optimize for USCIS proceedings without having to cross the continent for every appointment.

 

[faysal]

Here's my situation...
I have the Green Card since 07/20/2004. I have been in Florida for the past 5 years and the N-400 form is done; but I haven't submitted it yet... The reason is that I will be moving to California for graduate school in August.

1. How difficult to do an address change after turning in N-400 and how much delay will I incurred? (b/c it is only like 3 months till I have to be in CA... if it is too much harass & delay, I probably will wait till I get to CA)
2. Since my parents are still in FL, can I use their address as permanent address? If so, will there be a lots of back-and-forth traveling and do I need my FL driver license for the interview? (I am thinking on giving up my FL driver license for CA, b/c of the tuition benefit next year...)
3. If I wait until I move out to CA before applying, do I have to wait for 3 extra months for residency? What about students?
Time as a Resident in a USCIS District or State
Most people must live in the USCIS district or State in which they are 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 (if they are still financially dependent on their parents). From USCIS "A Guide to Naturalization"

Please advice. Thanks.

If I were you, I would just apply now, see how the process works. If you move while your application is in
process then you can change your addres. Change of address will delay the process, but it is easy and it
works well....good luck

 

[Jackolantern]

Are you sure about this? I was under the impression that the 3 months district residency requirement applied only to the time an N-400 is filed, not to the time of the interview

It applies to both. If the individual moves out of the state/district after filing, they have to wait 3 months in the new state/district before the interview. The law you linked to is not explicit about having to do that, but there are court rulings and USCIS administrative regulations that explain it that way. Having to wait 3 months in the new location is also consistent with the experience of people on this forum who were in such a situation.

 

[marballe]

Will your parents be financially supporting you in grad school? Will you be staying with them until it's time for school in August? Will you be keeping your FL license or state ID? Will you be charged out-of-state tuition at the California school, if it is a state school?

If yes to all of the above, you can apply as a Florida resident, using your parent's address. But you will need to return to FL to give fingerprints, interview, and oath.

Otherwise, before you apply you'll need to wait 3 months in CA if you want to apply as a CA resident. Make sure you change your state ID or license to CA if that's what you're doing.

Essentially, the answers are yes to all of the above.
However, one complication is that having my FL license will delay obtaining CA residency, which will cost like 8k per semester. Decision decision...
Another question is that: How long do I need my FL license? Until Interview? Until Oath?

given that the OP is moving to CA for studying, there's a low likelihood s/he'd need the USC as fast as possible. I'd send the N-400 in ~Nov this year from CA, once the 3 months of district residency have passed. The logistics to appear to FP and interview/oath are much easier. I understand many of us can't wait to become USC as soon as possible (me included...), but for that situation I'd optimize for USCIS proceedings without having to cross the continent for every appointment.

Two of the reasons I wanted the USC as soon as possible are the wider opportunity for graduate fellowship and/or job opportunity from some governmental agencies.

Thanks for all your help

 

[Jackolantern]

Essentially, the answers are yes to all of the above.
However, one complication is that having my FL license will delay obtaining CA residency, which will cost like 8k per semester. Decision decision...
Another question is that: How long do I need my FL license? Until Interview? Until Oath?

If you're going to do the oath in Florida, you need to be a Florida resident until you take the oath.

Two of the reasons I wanted the USC as soon as possible are the wider opportunity for graduate fellowship and/or job opportunity from some governmental agencies.

If you want citizenship ASAP, file now as a FL resident. Your fingerprinting and hopefully the interview will likely be done before you leave for CA, so you would need only one trip back to FL in maybe September or October for the oath. If you're lucky, everything including the oath might be done before you leave FL in August.

But to complete the process as a CA resident, the earliest you could be interviewed is November (assuming you move to CA in August). Then the oath might be a month or two after that.

 

[baikal3]

Essentially, the answers are yes to all of the above.
However, one complication is that having my FL license will delay obtaining CA residency, which will cost like 8k per semester. Decision decision...
Another question is that: How long do I need my FL license? Until Interview? Until Oath?



Two of the reasons I wanted the USC as soon as possible are the wider opportunity for graduate fellowship and/or job opportunity from some governmental agencies.

Thanks for all your help

USCIS rules regarding residency (or rather where your N-400 may be filed and adjudicated) and CA state rules regarding residency are two separate issues.
USCIS rules allow a college student to file N-400 using his/her parents' address and to have it adjudicated by the USCIS DO responsible for that area, provided the parents provide financial support of that students' studies.
If that applies to you, as your post above appears to indicate, then it may not matter if you use a CA driver's license for an interview even if that interview is conducted in Florida. However, in that case you may have to provide some documentation regarding your parents' financial support of your studies.

 

[Jackolantern]

If that applies to you, as your post above appears to indicate, then it may not matter if you use a CA driver's license for an interview even if that interview is conducted in Florida. However, in that case you may have to provide some documentation regarding your parents' financial support of your studies.

However, having a CA license, especially one for which a FL license was surrendered to get the CA license, is not consistent with being a Florida resident, and thus may be unacceptable to the IO. A student at a CA school who claims to be a FL resident is expected to pay out-of-state tuition to the CA school, and have a FL license or state ID.

 

[baikal3]

However, having a CA license, especially one for which a FL license was surrendered to get the CA license, is not consistent with being a Florida resident, and thus may be unacceptable to the IO. A student at a CA school who claims to be a FL resident is expected to pay out-of-state tuition to the CA school, and have a FL license or state ID.

The USCIS rules explicitly allow a college student studying in state A to file an N-400 application in state B, using his/her parents address in state B, if the parents financially support the student's studies. I think it is understood that in this situation the student may need to drive a car in state A and have a driver's license issued by state A. I don't see why the USCIS would necessarily have a problem with that.

 

[marballe]

But to complete the process as a CA resident, the earliest you could be interviewed is November (assuming you move to CA in August). Then the oath might be a month or two after that.

Is the 3 months for filling or for interview date?
Am I mistaken what you said? But, assuming I move to CA in August 2010, don't I need to wait 3 months (putting me into November 2010) before sending in the application, and then 3 more months upon receiving to be interviewed (which will be February 2011)?

However, having a CA license, especially one for which a FL license was surrendered to get the CA license, is not consistent with being a Florida resident, and thus may be unacceptable to the IO. A student at a CA school who claims to be a FL resident is expected to pay out-of-state tuition to the CA school, and have a FL license or state ID.

The USCIS rules explicitly allow a college student studying in state A to file an N-400 application in state B, using his/her parents address in state B, if the parents financially support the student's studies. I think it is understood that in this situation the student may need to drive a car in state A and have a driver's license issued by state A. I don't see why the USCIS would necessarily have a problem with that.

Thanks both Jackolantern and baikal3 your advice.
If I call the USCIS National Customer Service Center, can they clarify that? Even if I get the answer, wouldn't the IO's interpretation as the final decision? Is it okay to call the District or Local Office?

 

[baikal3]

If I call the USCIS National Customer Service Center, can they clarify that? Even if I get the answer, wouldn't the IO's interpretation as the final decision? Is it okay to call the District or Local Office?

You can call the USCIS National Customer Service Center, but don't expect any meaningful and informative answers from them. The phone lines there are staffed by subcontractors (rather than by USCIS officers) who don't know anything and more or less cannot do anything except look up the status of a pending case. Sometimes, if one is extremely lucky, they may transfer a call to an actual immigration officer; however this is not likely to happen to you since you don't have a case pending.

It is impossible to call a District Office directly. In any event, it is correct that what really matters is what the IO conducting the actual interview will decide.

You could consult an immigration lawyer now, before filing N-400. That's probably what I would do if I were in your situation.

 

[Jackolantern]

The USCIS rules explicitly allow a college student studying in state A to file an N-400 application in state B, using his/her parents address in state B, if the parents financially support the student's studies.

Yes, but that does not prevent the IO from seeing and using other evidence that contradicts the student's assertion of being a resident of state B. The parents/college arrangement is not the end-all and be-all of deciding which state is the state of residence. Having a license from state A, especially if state B's license was surrendered to get it, would be one example of such contradictory evidence.

I think it is understood that in this situation the student may need to drive a car in state A and have a driver's license issued by state A.

No. Full-time students at a college in state A being supported by parents in state B are both allowed and expected to maintain a state B license when they drive in state A, unless they take steps to assert themselves as residents of state A where the college is located, which would include things like obtaining a license of state A and filing taxes as a resident of state A.

 

[marballe]

But to complete the process as a CA resident, the earliest you could be interviewed is November (assuming you move to CA in August). Then the oath might be a month or two after that.

Jackolantern, is the 3 months for filling or for interview date?
Am I mistaken what you said? But, assuming I move to CA in August 2010, don't I need to wait 3 months (putting me into November 2010) before sending in the application, and then 3 more months upon receiving to be interviewed (which will be February 2011)?

 

[Jackolantern]

Jackolantern, is the 3 months for filling or for interview date?

Both. When you file, you need to meet the 3-month requirement for the given area. Then wherever you are interviewed, you need to meet the 3-month requirement for that area.

If you don't move after filing, the 3 months you lived in the area before filing would also satisfy the requirement for the interview. But if you move to another district/state after filing, you have to wait 3 months to satisfy the requirement for the new area before being interviewed.