Moving before applying for naturalization

[Shub 78]

The text of the policy manual, the CFR and the INA have always read ambiguously to me. I'm sure it's clear to a jurist/immigration lawyer who knows how this is applied in reality. Here's what they say:

 

INA 316(a):

 

Quote

No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, [...] has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, [...].

 

8 CFR 316.2(a)(5):

 

Quote

Except as otherwise provided in this chapter, to be eligible for naturalization, an alien must establish that he or she:

...

Immediately preceding the filing of an application, 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, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence;

 

USCIS policy manual:

 

Quote

In general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing. 

 

It sounds simple but the fact that it says "state or service district" is confusing to me. So practically speaking, let's use a state that has multiple service districts such as Pennsylvania, and let's say someone lives in Philadelphia and moves to Pittsburgh. Same state, different service district. Then they file for naturalization without waiting 3 months after moving. Are they OK because they stayed within the same state despite changing service districts, or are they not OK because they changed service districts despite staying in the same state?

 

Been debating this elsewhere so came here hoping for a clear answer. I always thought moving service districts (even within the same state) was grounds for a denial. Please don't speculate if you're not sure, although this is just a theoretical question for my own knowledge. Thanks!

Edited July 30, 2023 by Shub

[JeanneAdil 6,239]

it doesn't mean state per say ,  it means and should say state district or jurisdiction district 

even our smallest state Rhode Island has 4 juristdiction districts

[milimelo 4,237]

I went from one state (NW Indiana) to another state (IL) but remained in the same USCIS district - Chicago field office. No issues. They did attempt to send me to another ASC for fingerprinting - from Chicago area ASC to east Indiana but I successfully walked in to my old ASC in Chicago area. 

[Mike E 11,725]

1 hour ago, Shub said:

I always thought moving service districts (even within the same state) was grounds for a denial

If within the same states, this is never grounds for denial.

 

It  is  possible for a USCIS service district to cross state lines, so for some reason the government allows that exception. Perhaps it is a throw back to the days when borders between states and territories were fluid. 
 

 

[Shub 78]

On 7/30/2023 at 10:42 AM, JeanneAdil said:

it doesn't mean state per say ,  it means and should say state district or jurisdiction district 

even our smallest state Rhode Island has 4 juristdiction districts

 

I'm not sure what you mean by "jurisdiction districts" in this case, sorry. AFAIK Rhode Island only has one field office near Providence and all residents of Rhode Island are in that field office's jurisdiction?

 

On 7/30/2023 at 10:50 AM, milimelo said:

I went from one state (NW Indiana) to another state (IL) but remained in the same USCIS district - Chicago field office. No issues. They did attempt to send me to another ASC for fingerprinting - from Chicago area ASC to east Indiana but I successfully walked in to my old ASC in Chicago area. 

 

Right, I know that; in your case, you stayed within the same USCIS district, so even though you ended up in a different state, I know that's no problem. Sorry if my question wasn't clear initially, my question is more about what happens if you move within one state but change USCIS districts (as in my example, Philly->Pittsburgh, both locations are in PA but different USCIS offices). In other words, if you moved from Philly to Cleveland, you'd be changing both your state and your USCIS field office. I know that would prevent you from applying for naturalization. But for a long time I've thought that changing USCIS offices while staying in the same state would pose the same problem. So my question is whether staying in the same state while changing USCIS office is acceptable when it comes to naturalization's 3-month jurisdiction/residency requirement.

 

23 hours ago, Mike E said:

If within the same states, this is never grounds for denial.

 

It  is  possible for a USCIS service district to cross state lines, so for some reason the government allows that exception. Perhaps it is a throw back to the days when borders between states and territories were fluid. 
 

 

Thanks for the feedback. I know some USCIS districts cross state lines so I'm not really concerned with that, and I know it's no problem if you move within one service district even if crossing state lines. I was more curious specifically about one's eligibility in a situation like my example where someone remains in the same state but crosses from one USCIS district to another.

[Mike E 11,725]

2 minutes ago, Shub said:

was more curious specifically about one's eligibility in a situation like my example where someone remains in the same state but crosses from one USCIS district to another.

Does not matter. You need to file AR-11 each time you move so that the correct USCIS field office:

 

* hosts your interview

* issues any RFE

* processes your RFE response

* decides your case

* hosts your oath

 

5 separate offices for the same state could manage each of the above 5 steps 

 

Failure to file AR-11 and then taking oath is dangerous and you will always be wondering when the recession notice is coming.

[Shub 78]

I also know it's OK to move an unlimited number of times *after* filing one's application for naturalization (you could even move to a totally different part of the country) 😅 But as mentioned up top, the law requires someone who is planning to file for naturalization to have resided "within the State or within the district of the Service in which the applicant filed the application for at least three months", and this is reiterated in the CFR and the USCIS PM. So knowing this, what I'm trying to figure out is, for example, someone lives in Philadelphia, then moves to Pittsburgh, then immediately files for naturalization without waiting 3 months. Both cities are in the same state, but they're in different USCIS districts. Would that person be OK because they remained within the same state despite changing districts, or would their application be denied because they moved to a new USCIS district and didn't reside there for 3 months before filing?

[Mike E 11,725]

5 minutes ago, Shub said:

So knowing this, what I'm trying to figure out is, for example, someone lives in Philadelphia, then moves to Pittsburgh, then immediately files for naturalization without waiting 3 months. Both cities are in the same state, but they're in different USCIS districts. Would that person be OK because they remained within the same state despite changing districts

Yes, as I posted before.

[Shub 78]

Alrighty then, thanks!