FranckDernoncourt

I wonder how the USCIS assign IOE numbers to N-400 applications. Based on the application date? USCIS field office? Rolling a die? Something else?

N-400 applications may be transferred between USCIS field offices, e.g. if the applicant moved or if an USCIS field office decides to offload some of their N-400 applications to another USCIS field office. Where can I view the statistics on N-400 case transfers between USCIS field offices?

Thanks very much! Does it mean that an address change within the same USCIS field office would only temporarily delay potential new notifications but not the US naturalization application itself?

Assume a US naturalization applicant moves to a new address, which they indicate on an AR-11 form. The new address is attached to the same USCIS field office as the old address. Can this address change within the same USCIS field office delay one's US naturalization application?

Note that the USCIS does publish the Top Reasons for an RFE for H-1B: https://www.uscis.gov/sites/default/files/document/data/understanding-requests-for-evidence-h-1b-petitions-in-fiscal-year-2018.pdf Unrelated to N400 unfortunately.

I wonder whether the USCIS publish some statistics on the most common reasons for RFEs for Form N-400 (Application for Naturalization Form).

Good point, let's assume an AR-11 is filed on the day when the lease begins.

Thanks, I was editing my previous post to clarify a few things and fix some typos, but I've just learned one cannot edit one's post after 10 minutes : ) Anyway, let's take an example to make sure I understand you correctly. If someone: drives into North Dakota today May 8, establishes residence in North Dakota by getting a North Dakotan driver's license and/or a lease/mortgage in North Dakota on May 18, physically stays in the state until June 18 (= stayed in the state as a resident for 1 month) stays outside the US or temporarily goes to different US states for 2 months from June 18 to August 18 comes back to North Dakota on August 18 (which is exactly 3 months after establishing their residence in North Dakota) do they satisfy the 3-month residence requirement in North Dakota, to submit their N400 on August 18? If not, where does the USCIS draw the line on for how long the applicant may stay outside North Dakota (outside the US or a different US state) during these 3 months? In my case I'll be physically present for 2.5 months in my state of filing, then plan to spend 2 weeks outside the US in early July right before submitting my N400, so I should satisfy the 3-month residence requirement right when I come back to my state of filing after my trip abroad (2.5 months + 2 weeks + a few days of margin = 3 months). But this made me wonder what happened to this above-mentioned fictitious applicant who goes to North Dakota and is physically absent from it for the majority of their first 90 days of residence there. The reason for looking at this more extreme case is to find out if the law or the USCIS has drawn the line more explicitly (that'd be useful in the unlikely event that my 2.5 months + 2 weeks situation trigger some concerns from the officer during my naturalization interview) and if anyone here has some experience on that.

So what are you seeking in this topic? I'll be physically present in my state for more than 50% of the time and I would have resided between 3 and 3.5 months in my state by the time I submit my N400 application. (I write "between 3 and 3.5 months", because I don't know exactly what date count to establish one's residence). This made me wonder where the USCIS draws the line. As you mentioned, the letter of law (8 CFR 316.5(b)(5)(i)) says one could establish residency and then be physically absent from the state / FO district the remainder of the time. Note that, from the best of my perhaps incorrect knowledge (and please correct me if I miss something), the same law doesn't specify how to establish residency: I couldn't find anything in CFR Title 8 on what's the criteria to establish residency. The closest I could find so far is 26 CFR § 301.6362-6: However, this is for Title 26 (Internal Revenue), not Title 8 - Aliens and Nationality, so I don't know if the USCIS follows the same definition. But I couldn't find anything in Title 8 yet. As a result, I wonder if the USCIS has clearly stated how they decide from which date the applicant has established residence in a US district/state for the 3-month requirement. I just saw that some threads got merged. My clarity, there are 3 questions (which I'll post here since threads got merged😞 What criteria does the USCIS use to decide when the applicant has established residence in a US district/state for the 3-month requirement? E.g., the driver's license issuance date, the date when the lease/mortgage, the date when the Internet/electricity/gas/water start, etc.? for example, if the driver's license issuance date = April 1 and the lease/mortgage starts April 10, did the individual establish residence on April 1 or 10? In other words, can they submit the N400 application on July 1 or July 10? How does one count the 3-month requirement to apply for naturalization in a US district/state? Both the USCIS policy manual and the CFR says one count the 3 months from when the applicant has established residence, including any absence from the US. But as was mentioned earlier, if someone established residence and leave the US for the remaining of the 3 months, it seems quite extreme. So where does the USCIS draw the line? At 50% time in the US state, except if some special circumstances (e.g., job requiring to travel all the time or micro-states)? Must the USCIS abide by the Code of Federal Regulations (CFR), or is the CFR just a set of guidelines that aren't legally binding? This question is motivated by the fact that answers to questions 1 and 2 often refer to the CFR and/or the USCIS policy manual, and that the the USCIS policy manual is not legally binding. Because if the CFR is not legally binding, then perhaps we should also read the US code to try to answer the first two questions.

Thanks, I agree that just staying for a few hours to establish residency is on the extreme side and would certainly cast suspicion on the actual residence. At the same time, if one had to be physically present for the majority of the 3 months in the state district of residence, then why wouldn't the law clearly state so, as they do for the 2.5-year physical presence requirement? Anyway luckily in my case I don't have this issue as I'll be physically present for the majority of the time in my state of residence but clearer rules wouldn't hurt, especially with the current N400 progressing times.

Thanks, the issue is how to know the normal practice.

Thank you. I'm mostly interested in the regulation 8 CFR 316.5(b)(5)(i), which states that one must have lived for at least 3 month in a US district/state to apply for naturalization in that US district/state. It also states that these 3 months are computed from the date on which the applicant first established that residence and include any period of time where the applicant is absent from the US. Do you know whether in practice, the USCIS officers do include any period of time where the applicant is absent from the US when computing these 3 months?

I wonder whether the United States Citizenship and Immigration Services (USCIS) must abide by the Code of Federal Regulations (CFR) or the CFR is just a set of guidelines that aren't legally binding (i.e., the USCIS may take actions/decisions that contradict the CFR without potentially facing legal consequences). I'm mostly interested in the part of the CFR that pertains to the naturalization process.

The 3-month requirement to apply for naturalization in a US district/state is computed from the date on which the applicant first established that residence, including any part of the applicant's absence. (https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.2#p-316.2(a)(5)) What criteria does the USCIS use to decide whether the applicant has established residence in a US district/state? To phrase it slightly differently: what event(s) does the USCIS use to decide the date on which the applicant first established that residence? E.g., is the issuance date of a driver's license in that US district/state considered by the USCIS as a proof that the applicant has established in that US district/state at that time (=the issuance date of the driver's license)? The date when the lease/mortgage? The date when the Internet/electricity/gas/water start?