3 Months on Place of Residence after coming back the US

[PrayLoveHappy 0]

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

"

6. Residence ​D​uring​ Absences of Less than One Year ​

​

​An applicant's residence during any absence abroad of less than one year will continue to be the State or Service District where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence."

The statement of "including any part of the absence, from when the applicant first established that residence" is very ambiguous. For example, if somebody stays at place A for a year, then is out of the US for 5 months, and then come back to continue to live at place A.

Question:

Does it mean she/he has to wait for 3 months before filing after coming back the US?

Or she/he can file N-400 right after coming back the US because "including any part of the absence, from when the applicant first established that residence"?

Edited November 18, 2015 by PrayLoveHappy

[kovacs 20]

As long as they return to the same service district, they can start counting 3 months residency as of day 1 of moving in. So no need to wait another 3 months.

(5) Residence during absences of less than one year.

(ii) Return to the United States. If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in § 316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.

http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html

[PrayLoveHappy 0]

Thank you, kovacs.

> As long as they return to the same service district, they can start counting 3 months residency as of day 1 of moving in. So no need to wait another 3 months.

This is what I thought too. But I consulted a lawyer by email and she replied that in such a scenario one has to wait 3 months before applying. She didn't add any explanation.

So it looks like some lawyers just try to get business by deliberately saying wrong words. Likewise, some IDs on this board, which include both senior members and junior members, seemly act as agents for lawyers to get business by lying, misleading and intimidating.

Edited November 20, 2015 by PrayLoveHappy

[kovacs 20]

Agree with you. The language of the statute is rather plain. But it is always easier to make a comment, than bother to read or research, first :-)