N400 interview scheduled

The jurisdiction requirement of 3 months is related to Filing only and not interview or oath. You need to file from the place where you claim residency (3 months requirement) which in general is the place where you file your income taxes from. There are certain exceptions in 8 CFR 316.5, the relevant one for military is 8 CFR 316.5(b). If OP filed from NY and then moved to VA and changed address, they do not need to wait 3 months in VA. I believe the officer is wrong here.


(b) Residences in specific cases—(1) Military personnel.For applicants who are serving in the Armed Forces of the United States but who do not qualify for naturalization under part 328 of this chapter, the applicant's residence shall be:

(i) The State or Service District where the applicant is physically present for at least three months, immediately preceding the filing of an application for naturalization, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act;

(ii) The location of the residence of the applicant's spouse and/or minor child(ren); or

(iii) The applicant's home of record as declared to the Armed Forces at the time of enlistment and as currently reflected in the applicant's military personnel file.
 
7of9 said:
That was my assumption. I had written a paragraph saying that the residence requirement was met in NY, but deleted it. You are correct that she is applying the law incorrectly. As error, hope she can fix it. But I'm inclined to think that she will be pigheaded. You would think that since she does this work for a living, she will actually understand the law and apply it correctly.
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Yeah one of the lawyer said she might be new. What she is asking for is impossible. Basically she’s saying , withdraw and refile to show proof of 90 day residency which is nuts. There is no way for me to show proof I lived in VA for 90 days prior to filing so that is a dead end. I filed in my original state of residency where I pay taxes, then I moved here to VA. The fact that I updated my address with USCIS, canceled my initial NYC appointment should prove that my new jurisdiction is VA.
 
I would draft a legal brief highlighting 8 CFR 318.5 to show how you qualify under the law as a response to the RFE. It is important to get this on the record in case the officer decides to deny you. I would send a copy to the Field office director or the district director as well. Like I have mentioned many times in my posts on forums the so called “officers” are merely clerical workers. Most of them have no legal background and some may not even have college education. Thats just the reality.
 
Fin said:
I would draft a legal brief highlighting 8 CFR 318.5 to show how you qualify under the law as a response to the RFE. It is important to get this on the record in case the officer decides to deny you. I would send a copy to the Field office director or the district director as well. Like I have mentioned many times in my posts on forums the so called “officers” are merely clerical workers. Most of them have no legal background and some may not even have college education. Thats just the reality.
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I completely agree. I already drafter a letter but I didn’t mention the law/policy. My wife also wrote a notarized letter to the director of the field office as well. I can respond both on my USCIS account and mail it but I’m waiting on a lawyer on Monday to see.
 
Rodney1990 said:
I completely agree. I already drafter a letter but I didn’t mention the law/policy. My wife also wrote a notarized letter to the director of the field office as well. I can respond both on my USCIS account and mail it but I’m waiting on a lawyer on Monday to see.
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whoever you copy, make sure you respond to the address on the RFE as well.
 
Rodney1990 said:
I completely agree. I already drafter a letter but I didn’t mention the law/policy. My wife also wrote a notarized letter to the director of the field office as well. I can respond both on my USCIS account and mail it but I’m waiting on a lawyer on Monday to see.
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my suggestion is that it is imperative to mention the law under which you qualify. Naturalization is a legal process under INA, so that’s how it needs to be worded rather than “ please give me citizenship”. If you’re going to get a lawyer to draft it for you then it’s even better. Again, I strongly suggest that you send a copy of this response to the officer as well as the district director or field office director.
 
Fin said:
my suggestion is that it is imperative to mention the law under which you qualify. Naturalization is a legal process under INA, so that’s how it needs to be worded rather than “ please give me citizenship”. If you’re going to get a lawyer to draft it for you then it’s even better. Again, I strongly suggest that you send a copy of this response to the officer as well as the district director or field office director.
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Yeah it make sense. I’m going to redraft my letter and send it to the lawyer along with the notice. It specifically said to respond along with the notice to the address on the notice so I’ll do that. I’m seriously stressed about it but hopefully I can get a lawyer to help.
 
Another immigrant has finally graduated! Today I became a US citizen. What an ecstatic feeling. Can't express what I am feeling at the moment. I came to this country when I was 18 by myself. No family, no money. Here I am 10 years later, officially a US citizen. So much weight off my shoulders and it feels good. It's only the beginning. Best of luck to everyone who is still on their way to become a US citizen. You guys got this!!!
 
busydoingnothin said:
Another immigrant has finally graduated! Today I became a US citizen. What an ecstatic feeling. Can't express what I am feeling at the moment. I came to this country when I was 18 by myself. No family, no money. Here I am 10 years later, officially a US citizen. So much weight off my shoulders and it feels good. It's only the beginning. Best of luck to everyone who is still on their way to become a US citizen. You guys got this!!!
Click to expand...
congratulations on becoming a US citizen!!! 1616629476605.gif
 
busydoingnothin said:
Another immigrant has finally graduated! Today I became a US citizen. What an ecstatic feeling. Can't express what I am feeling at the moment. I came to this country when I was 18 by myself. No family, no money. Here I am 10 years later, officially a US citizen. So much weight off my shoulders and it feels good. It's only the beginning. Best of luck to everyone who is still on their way to become a US citizen. You guys got this!!!
Click to expand...
Congratulations Really happy for you.
 
US Passport Update:
Application Status: Shipped

The U.S. Department of State has shipped your passport book on 05/06/2021.

We sent your passport book to you using Priority Mail.
You should receive your passport on or around 05/12/2021.

It's over guys! It couldn't be any more official. God Bless America!
 
busydoingnothin said:
US Passport Update:
Application Status: Shipped

The U.S. Department of State has shipped your passport book on 05/06/2021.

We sent your passport book to you using Priority Mail.
You should receive your passport on or around 05/12/2021.

It's over guys! It couldn't be any more official. God Bless America!
Click to expand...
Nice. I got mine, but haven't been able to use it because of the pandemic. It's ok I guess....our time to travel the world will come soon. Congratulations!
 
Thank you all for sharing your experiences and congratulations. I am patiently waiting to apply in 2 1/2 months
 
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