Q & A November 06, 2005

Q & A 1.

Q&A 1.

Effect of Moving to Another District After Filing for Naturalization

Huang Reader asks:

I live in Florida. In 1/05, I filed N-400 form with Texas immigration center and paid $320 application fee. 3 weeks later, I received a letter from immigration requesting additional fee of $70.00. I paid. As of now, I have not received any receipt or letter. My questions are:

1. I will be moving to Los Angeles soon due to job relocation. How could I continue my naturalization case? I am told that I need to live at the local area for a certain period of time before I can file this application. Should I re-file when I arrive in Los Angeles or I should hire an attorney to transfer my case over?
2. I left U.S. 8 times during the past 6 years. However, I did not stay overseas over 6 months each year. Will it affect my naturalization case?

Dear reader:

1 You do not have to refile your case in Los Angeles. You could request a transfer of your N-400 from the Texas Service Center. I suggest that if you have not yet received any receipt or letter by this time, you should examine the returned check (if you paid by check). The case number may be on the check. The period of physical presence in the district prior to filing only applies if you are filing again. It does not apply to transfers. Whether you hire an attorney or not is your decision.

2 Generally speaking, if you have been in the U.S. for least six months of every year and every trip has been for less than six months, you would not have a problem with the residence requirement at the time of the interview. You must meet the twin requirements of physical presence in the U.S. for least half of the required period of residence prior to filing, and maintain a continuous residence until the time you are sworn in as a citizen (L.A. U.S.C.I.S. interpretation). I do note that the continuous residence requirement could be looked at more closely if you bunched your trips outside the United States at the end of one year and the beginning of the next -- for example, leaving the U.S. for five and a half months, re-entering in December, and then leaving in January for another five and a half months.

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.