Citizenship and change of address...Need your help

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Hi all:

I need your help. I talked to an attorney regarding the possibility of moving to a different state and filing a mandamus with the court, and was sadly told that I must wait an extra 90 days before filing a case in the new state. Is this correct? And if so, do I have to establish residency in the new state before I file? i.e. get a driver's license.

Thank you.
 
JoeF said:
Did you already file an N-400? The 90-day stuff is a requirement for filing an N-400.
In general, if you move to another state, you are required by state law to get a new drivers license from that state within a couple of weeks at most (if you drive...) CIS generally checks the drivers license to determine residency in a particular state.
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Yes, at my interview two weeks ago the interviewing officer did ask to look a my driver's license (only other items asked for were my green card and current and expired passports).
 
Thank you for your answer. I've already had my citizenship interview. I've been waiting for over 120-days for USCIS to complete my case but to no avail. I've decided to seek judicial review of my case. But due to unforseen reasons I had to move. My move is not complete yet. An attorney told me that I have to wait for 90 days before filing a lawsuit in the new district court.

what do you think?
 
I've heard that your case can be delayed by 3 months if you move to another district. That's probably how long it takes them to send the file to the new office.
 
Maybe, that's what the lawyer meant to say. That doesn't mean I have to wait 90 days in the new state to file my mandamus.
 
In order to file a case in a court, you need to live in their jurisdiction. That's all. So obviously, there is no such thing about waiting 90 days or anydays as to say in order to file a case. That said, attoney was completely wrong on this.

He should have made you clear that if you move to another place then it would take a time to move a file from one jurisdiction to another. However, it is not your problem. You are free to file a case if you want regardless where is your immigration file is lying. It's the problem of USCIS to transfer your file expeditely, given the fact that they will be sued in a court of law. And they will if you file a case against them. But don't forget to have a solid proof of notifying them about your change of address; otherwise they will use this excuse to have your case dismissed.
 
I recommend you file a mandamus in your new state. cis can make a decision and natz you after 90 days of court judgement or settlement. imo no need to wait 90 days just to file
 
JohnnyCash said:
In order to file a case in a court, you need to live in their jurisdiction. That's all. So obviously, there is no such thing about waiting 90 days or anydays as to say in order to file a case. That said, attoney was completely wrong on this.

He should have made you clear that if you move to another place then it would take a time to move a file from one jurisdiction to another. However, it is not your problem. You are free to file a case if you want regardless where is your immigration file is lying. It's the problem of USCIS to transfer your file expeditely, given the fact that they will be sued in a court of law. And they will if you file a case against them. But don't forget to have a solid proof of notifying them about your change of address; otherwise they will use this excuse to have your case dismissed.
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Thank you Johnny Cash for your reply. You are absolutely right. Thank you Sir.
 
Rahul Kumar said:
I recommend you file a mandamus in your new state. cis can make a decision and natz you after 90 days of court judgement or settlement. imo no need to wait 90 days just to file
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I will file the lawsuit. Thank you Rahul for the advice.
 
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