Are there travel restrictions after filing N-400 ?

[The New Guy]

Hello,
I filed my marriage based N-400 on April 29th this year in California, later we moved to Virginia (July 1st) after I finished my school, and changed my address with the USCIS immediately. Few days after I arrived here I received a notice to appear for an initial interview in San Francisco, the funny thing is that this notice was sent to my new address in Virginia. When I called the 800 number the lady on the phone started saying how I should have "committed" to the location I filed my application in for 90 days or so. I could swear I've read the N-400 instructions several times, I didn't find anything about this commitment, I had to move for a job, was there any thing wrong with what I did? I already contacted both CA & VA field offices in writing, and I'm still waiting to hear from them. What do you think will happen next?

[The New Guy]

Hello,
I filed my marriage based N-400 on April 29th this year in California, later we moved to Virginia (July 1st) after I finished my school, and changed my address with the USCIS immediately. Few days after I arrived here I received a notice to appear for an initial interview in San Francisco, the funny thing is that this notice was sent to my new address in Virginia. When I called the 800 number the lady on the phone started saying how I should have "committed" to the location I filed my application in for 90 days or so. I could swear I've read the N-400 instructions several times, I didn't find anything about this commitment, I had to move for a job, was there any thing wrong with what I did? I already contacted both CA & VA field offices in writing, and I'm still waiting to hear from them. What do you think will happen next?

[ProudUSC]

Welcome to ILW and Virginia, New Guy. I don't know the answer to your question. Hopefully, others here will. Just wanted to say 'Hey'.

[Brit4064]

Hi New Guy,

Yes, the lady is correct. You should have stayed in SFO. The INA states:

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who 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 (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c1...9fb47fb0686648558dbe

I guess the worst that could happen is you'll have to wait 3 months in VA to qualify.

[The New Guy]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
Hi New Guy,

Yes, the lady is correct. You should have stayed in SFO. The INA states:

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who 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 (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c1...9fb47fb0686648558dbe

I guess the worst that could happen is you'll have to wait 3 months in VA to qualify. </div></BLOCKQUOTE>

hmmm, but I have resided for at least three months in Cali (actually for almost 2 years) where I filed my application, it's confusing, it doesn't say anything about "after".

[vesi]

I found this in the INA: f) An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. f) An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.

[The New Guy]

Do you know which Act # contains that info? Thanks.

[Brit4064]

And supposing their answer is "no" then I guess you'll have to wait 3 months in the new residency?

It seems a bit crazy to say the least. Some of the INA just doesn't make much sense.

[ProudUSC]

This may sound stupid, but what difference should it make where you reside as long as it is within the US during the naturalization process? INA is too restrictive in my opinion!

[Brit4064]

Agreed Proudie. The only reason I can think of for this rule is to limit people from jumping States for a quicker interview/processing date?

But since they are all as slow as h*ll these days, what does it matter?

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
Agreed Proudie. The only reason I can think of for this rule is to limit people from jumping States for a quicker interview/processing date?

But since they are all as slow as h*ll these days, what does it matter? </div></BLOCKQUOTE>

Don't you agree that some form of standardization should take place to alleviate the variance in processing times by state, Brittie? That would solve some of the problems and eliminate alot of red tape involved in this convoluted process. I'm so glad I never had to go through any of this and feel for you guys who are having to deal with USCIS in any shape or form.

[Brit4064]

It could help Proudie. I know that States like MN are much faster than in say CA, in part because more immigrants tend to live in CA than MN.

I don't understand why the INA specifies this 3 month residency rule requirement for Naturalization but not for PR applicants??

[ProudUSC]

Alot of it makes no sense to me, Brittie. Hopefully, the new administration will take immigration matters more seriously and take rapid action to revamp this crippled system.