Chapter 6: Jurisdiction, Place of Residence, and Early Filing
A. Three-Month Residency Requirement (in State or Service District)
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.
The term “State” includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.[1] See INA 101(a)(36). As of November 28, 2009, Commonwealth of the Northern Mariana Islands (CNMI) is part of the definition of United States. See Consolidated Natural Resources Act of 2008, Public Law 110-229. See Chapter 3, Continuous Residence, Section E, Residence in the Commonwealth of the Northern Mariana Islands. The term “Service District” is defined as the geographical area over which a USCIS office has jurisdiction.[2] See 8 CFR 316.1.
The Service District that has jurisdiction over an applicant’s application may or may not be located within the State where the applicant resides. In addition, some Service Districts may have jurisdiction over more than one State and most States contain more than one USCIS office.[3] See 8 CFR 100.4.
In cases where an applicant changes or plans to change his or her residence after filing the naturalization application, the applicant is required to report the change of address to USCIS so that the applicant’s A-file (with application) can be transferred to the appropriate office having jurisdiction over the applicant’s new place of residence.
B. Place of Residence
The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent.[4] See INA 101(a)(33). This is the same as the applicant’s actual domicile. The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location.[5] See 8 CFR 316.5(a).
C. Place of Residence in Certain Cases
There are special considerations regarding the place of residence for the following applicants:[6] See 8 CFR 316.5(b).
1. Military Member
Special provisions exist for applicants who are serving or have served in the U.S. armed forces but who do not qualify for naturalization on the basis of the military service for one year.[7] See INA 328. See Part I, Military Members and their Families, Chapter 2, One Year of Military Service during Peacetime (INA 328).
The service member’s place of residence may be the State or Service District where he or she is physically present for at least three months immediately prior to filing (or the examination if filed early);
The service member’s place of residence may be the location of the residence of his or her spouse or minor child, or both; or
The service member’s place of residence may be his or her home of record as declared to the U.S. armed forces at the time of enlistment and as currently reflected in the service member’s military personnel file.
2. Spouse of Military Member (Residing Abroad)
The spouse of a U.S. armed forces member may be eligible to count the time he or she is residing (or has resided) abroad with the service member as continuous residence and physical presence in any State or district of the United States.[8] See INA 319(e). See Part I, Military Members and their Families, Chapter 9, Spouses, Children, and Surviving Family Benefits, Section B, Spouses of Military Members. See Part G, Spouses of U.S. Citizens, Chapter 3, Spouses of U.S. Citizens Residing in the United States. Such a spouse may consider his or her place of residence abroad as a place of residence in any State or district in the United States.
3. 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 where that institution is located, or in the State of the applicant's home residence if the applicant is financially dependent upon his or her parents at the time of filing and during the naturalization process.[9] See 8 CFR 316.5(b)(2).
4. Commuter
A commuter must have taken up permanent residence (principal dwelling place) in the United States for the required statutory period and must meet the residency requirements to be eligible for naturalization.[10] See 8 CFR 211.5. See 8 CFR 316.5(b)(3).
5. Residence in Multiple States
http://www.uscis.gov/policymanual/ - 0-0-0-19579
If an applicant claims residence in more than one State, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed.[11] See 8 CFR 316.5(b)(4).
6. Residence During Absences of Less than One Year
http://www.uscis.gov/policymanual/ - 0-0-0-19579An 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.[12] See 8 CFR 316.5(b)(5).
If the applicant establishes residence in a different State or Service District from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement.[13] See 8 CFR 316.2(a)(5).
7. Noncitizen Nationals of the United States
http://www.uscis.gov/policymanual/ - 0-0-0-8991
A noncitizen national may naturalize if he or she becomes a resident of any State and is otherwise qualified.[14] See INA 325. See Chapter 5, Modifications and Exceptions to Continuous Residence and Physical Presence. Noncitizen nationals will satisfy the continuous residence and physical presence requirements while residing in an outlying possession. Such applicants must reside for three months prior to filing in a State or Service District to be eligible for naturalization.
D. 90-Day Early Filing Provision (INA 334)
An applicant filing under the general naturalization provision may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as an LPR.[15] See INA 334(a). See 8 CFR 334.2(b). Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required five-year period of continuous residence as an LPR.
USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010 USCIS will begin to calculate the 90-day early filing period from June 9, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 (90 calendar days earlier).
In cases where an applicant has filed early and the required three month period of residence in a State or Service District falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application.[16] See 8 CFR 316.2(a)(5).
E. Expediting Applications from Certain SSI Beneficiaries
USCIS will expedite naturalization applications filed by applicants:
Who are within one year or less of having their Supplemental Security Income (SSI) benefits terminated by the Social Security Administration (SSA); and
Whose naturalization application has been pending for four months or more from the date of receipt by USCIS.
Although USCIS will prioritize processing of these applications, each applicant is still required to meet all eligibility requirements for naturalization at the time of filing. Applicants must inform USCIS of the approaching termination of benefits by INFOPASS appointment or by United States postal mail or other courier service by providing:
A cover letter or cover sheet to explain that SSI benefits will be terminated within one year or less and that their naturalization application has been pending for four months or more from the date of receipt by USCIS; and
A copy of the applicant’s most recent SSA letter indicating the termination of their SSI benefits. (The USCIS alien number must be written at the top right of the SSA letter).