Hmm...so I hope they would just ask for my Passport/GC at the interview...I will carry with me oregon state issued ID just incase...
Out of State Driver License at Interview
- Thread starter jumper8
- Start date
Hmm...so I hope they would just ask for my Passport/GC at the interview...I will carry with me oregon state issued ID just incase...
The Adjudicators Field Guide has several pertinent things to say about jurisdiction and residence in multiple states.
Maybe the "students" section covers your situation?
(2) Students . An applicant who is attending an educational institution in a State or Service District other than the applicant's home residence may apply for naturalization:
(i) Where that institution is located; or
(ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process.
<snip>
(4) Residence in Multiple States. 8 CFR 316.5 provides that if an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed.
(i) Where that institution is located; or
(ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process.
<snip>
(4) Residence in Multiple States. 8 CFR 316.5 provides that if an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed.
Maybe the "students" section covers your situation?
HI Boatbod!.
You nailed this one headon!!!...thanks for proving the info...so this makes it possible for me to even use out of state ID(which I would not to be on the safe side not to delay my application)...
I have a IL Drivers License but I reside in KS. I arrived in IL and stayed with my FIL while my husband established residency in KS where we got stationed at. While I was in IL I got an IL Drivers License and never thought about changing it. When I arrived at my Interview I had so much proof of Documents through Military Housing and Bills and also my Military ID and such that the IO didn't care. I just told her the situation and that was it.
CrossHairs
Registered Users (C)
Ladybuggy,
In all fairness, they (IO and USCIS) are probably more polite, responsive and understanding to people who are from a military family.
In all fairness, they (IO and USCIS) are probably more polite, responsive and understanding to people who are from a military family.
I doubt when it comes to Military Family but Soldiers maybe. She never ask anything about my Husband, whether he ever served overseas or anything like it like others normally do.
Could be though. But then again why did my process take what ... 16 month I think, lol
Could be though. But then again why did my process take what ... 16 month I think, lol
CrossHairs
Registered Users (C)
Bobsmyth -
You got this right!!! Photo ID...(state ID or D.License)s
I dont know why Jacklorn would be talking about fraud.Even on the field manual,the said on there that applicant can have multiple residents..but the immigration officer in this kind of case would have to go with the one on their last filed taxes....
I doubt if this would be an issue,and besides,I would be getting my new OR license tomorrow.they were closed this evening by the time I got there..
Be careful...
Jumper8,
Jackolantern has a valid point. To us casual readers, it does seem from your description that you are interpreting "residency" in conveniently different ways depending on whether (a) it is for the purpose of citizenship or (b) Illinois in-state tuition. You cannot be a resident of two states simultaneously. And you should be careful, because sending a mixed signal to the IO could complicate your case.
I would guess that in a large number of the cases, establishing residency is a clear cut issue. People stay in one jurisdiction or if they move during the process, the move is straightforward and their file is transferred to another jurisdiction. In these cases, the driver's license is sufficient to establish residency. You will note that the interview letter specifically asks you to bring a state id in _addition_ to your passport, green card and social security card. One reasoning could be that the USCIS wants to use it as a secondary id, another could be that they will use it to confirm residency. Note that the interview letter does not ask for any specific residency proof, so personally I would vote for the later.
Now there are probably a smaller number of cases where residency is not clear cut. People often work in one/multiple states but live in another. Many older people split time between Florida and another "home" state. Students go to school in a state different from their parents or "home". The USCIS field manual that boatbod quoted tries to give some directions on how to deal with such cases, but as the guide itself says, its in the hands of the IO. The law requires them to check that the application was sent to the right district. (this residency requirement does not make sense to me , but nothing we can do about it, its the law).
Please note that I am not a lawyer and what I write below is based on personal reading as well as the experience of a friend who has a somewhat similar situation. (He used prior tax returns to prove residency).
In your case, if you had applied using IL as your home state, things would have been very simple. You are a student in that state with a local home. Now that you have applied in a different state and have been living there, it is in your interest to confirm residency in that state, without showing any ties to IL. If you go strictly by the field guide, you can prove that by showing a local in-state license or with tax returns. Perhaps a lease may be acceptable as supporting proof too, but nothing stops a person from renting apartments in multiple states, so in my opinion that is not sufficient to prove residency. If you are a student supported by parents living in that state, that makes you eligible too.
Note that once you get a new license as you are planning, you cannot be an IL resident. The DMV will take away your old license. Even if they give it back, it will be canceled electronically. Depending on how strictly your school verifies residency when you go back, they could say you gave up IL residency and must now wait for a certain period before you can claim in-state tuition. For instance, in Florida, you cannot move to the state for the express purpose of education and claim in-state tuition. You have to be resident prior to that or have to wait for a year.
Sorry, its a long mail but the summary is that you should provide a clear cut proof of residency to the IO if the issue comes up. As Jackolantern correctly pointed out, if you go back and forth and want it both ways, it will not look good.
Regards.
Jumper8,
Jackolantern has a valid point. To us casual readers, it does seem from your description that you are interpreting "residency" in conveniently different ways depending on whether (a) it is for the purpose of citizenship or (b) Illinois in-state tuition. You cannot be a resident of two states simultaneously. And you should be careful, because sending a mixed signal to the IO could complicate your case.
I would guess that in a large number of the cases, establishing residency is a clear cut issue. People stay in one jurisdiction or if they move during the process, the move is straightforward and their file is transferred to another jurisdiction. In these cases, the driver's license is sufficient to establish residency. You will note that the interview letter specifically asks you to bring a state id in _addition_ to your passport, green card and social security card. One reasoning could be that the USCIS wants to use it as a secondary id, another could be that they will use it to confirm residency. Note that the interview letter does not ask for any specific residency proof, so personally I would vote for the later.
Now there are probably a smaller number of cases where residency is not clear cut. People often work in one/multiple states but live in another. Many older people split time between Florida and another "home" state. Students go to school in a state different from their parents or "home". The USCIS field manual that boatbod quoted tries to give some directions on how to deal with such cases, but as the guide itself says, its in the hands of the IO. The law requires them to check that the application was sent to the right district. (this residency requirement does not make sense to me , but nothing we can do about it, its the law).
Please note that I am not a lawyer and what I write below is based on personal reading as well as the experience of a friend who has a somewhat similar situation. (He used prior tax returns to prove residency).
In your case, if you had applied using IL as your home state, things would have been very simple. You are a student in that state with a local home. Now that you have applied in a different state and have been living there, it is in your interest to confirm residency in that state, without showing any ties to IL. If you go strictly by the field guide, you can prove that by showing a local in-state license or with tax returns. Perhaps a lease may be acceptable as supporting proof too, but nothing stops a person from renting apartments in multiple states, so in my opinion that is not sufficient to prove residency. If you are a student supported by parents living in that state, that makes you eligible too.
Note that once you get a new license as you are planning, you cannot be an IL resident. The DMV will take away your old license. Even if they give it back, it will be canceled electronically. Depending on how strictly your school verifies residency when you go back, they could say you gave up IL residency and must now wait for a certain period before you can claim in-state tuition. For instance, in Florida, you cannot move to the state for the express purpose of education and claim in-state tuition. You have to be resident prior to that or have to wait for a year.
Sorry, its a long mail but the summary is that you should provide a clear cut proof of residency to the IO if the issue comes up. As Jackolantern correctly pointed out, if you go back and forth and want it both ways, it will not look good.
Regards.
CrossHairs
Registered Users (C)
Yes, I agree with above.
Jumper8 certainly seems to have a different interpretation of residency for 1. Citizenship process 2. For residency in-state tuition purpose.
They are contradictory. He can get lucky with the IO, but IO can also question.
Jumper8 certainly seems to have a different interpretation of residency for 1. Citizenship process 2. For residency in-state tuition purpose.
They are contradictory. He can get lucky with the IO, but IO can also question.