How to File N-400 for my son in college in neighboring state

[vivdhruv]

Hello,

I need help in filing the n-400 for my son. He is in college in another state and comes back during summer and winter vacations. What address would we file for him? Do we show him as staying with us which is factually incorrect or do we show him residing in the other state with a mailing address as our home?

[SuperSanta]

They need to live in one state for at least 3 months and it must be the same state or district where the filer claims residence (and have proof).

Meaning they will likely need to file for the state with their college and attend the biometrics/interview/oath in that same college state. They'd have to move home for 3+ months to file there (and gather proof of residence).

Plus naturalisation takes wildly different periods of time ranging from 3 months through years. You cannot assume they will get the whole process done over some short stay back home, and lying on the N-400 about where you live is grounds for a denial (or in extreme causes deportation). Don't lie.

In general it is best to stay in one place for around one year while applying for naturalisation. If college ends soon, don't apply, and certainly don't apply for a state they aren't living in. If they have two-ish years left of college then they're likely safe to apply in their college's state.

[newacct]

You do not "file N-400 for your son". Your son, as an adult, files N-400 for himself if he is not already a citizen and wants to naturalize.

[inadmissible]

For what it is worth, there are plenty of minors on college campuses

In 2005, in the California Community College system alone, there were 73,000 enrolled students under the age of 18, of which 2,500 were under the age of 14

I wouldn't be surprised if immigrant kids make up a vast number of them

[SuperSanta]

In 2005, in the California Community College system alone, there were 73,000 enrolled students under the age of 18, of which 2,500 were under the age of 14

The OP said the N-400 in the title, nobody below the age of 18 is eligible to use the N-400, minors use the N-600. So either they have a minor child and are trying to use the wrong form, or they have an over 18 in college and were correctly asking about the N-400.

But in that situation (assuming no lawyer/disability) the applicant normally applies for themselves and is meant to. "Someone else filled it in" isn't an excuse the USCIS will accept for material omissions or errors (and kids don't always tell their parents about traffic tickets/minor crimes/etc).

[inadmissible]

fair enough

[vivdhruv]

You do not "file N-400 for your son". Your son, as an adult, files N-400 for himself if he is not already a citizen and wants to naturalize.

My son is 20 and we have a daughter in high school that is 18. I was under the impression that we would have to file N-400s for them both.

[newacct]

If you or your spouse became a citizen before they turned 18, they are likely already citizens. Otherwise, if they want to apply for naturalization, then they apply on their own, and you are not involved in the process.

[vivdhruv]

If you or your spouse became a citizen before they turned 18, they are likely already citizens. Otherwise, if they want to apply for naturalization, then they apply on their own, and you are not involved in the process.

That is really not the question that I (or my children) need help with. Let me ask it again. The USCIS's policy manual "Volume 12 – Citizenship & Naturalization, Part D – General Naturalization Requirements at Chapter 6 – Jurisdiction, Place of Residence, and Early Filing (https://www.uscis.gov/policymanual/H...-Chapter6.html) 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.

My children are financially dependent on me. Can they therefore file using our home address without the 90 day presence test?

Thanks.

[inadmissible]

They may use your home address, which they can do if they were resident in your home for 90 days immediately prior to living away from you for school. 8CFR316(b)(2) https://www.uscis.gov/ilink/docView/...0-0-31016.html

As a practical matter, that will be where all notices will be sent, and biometric appointments and interviews will scheduled closest to that location. The choice to use a home or school address can be tricky because they will have to plan to be present for these appointments, without knowing exactly when these appointments will be made for them

[vivdhruv]

Sec 8 CFR 316.5 (b) (2) States as under:


(2) 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:

(i) Where that institution is located; or
(ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process.

This is the law. Does anyone know what documentation would help establish financial dependence:
a) Tax returns of parent
b) Tuition and living expense payment
c) Driving license and car payment.

Any help is appreciated.

[inadmissible]

Adjudicating officers are not trained specifically on the substantiation of applicants utilizing exceptions to the general residence rules https://www.uscis.gov/policymanual/H...-Chapter6.html so I imagine it will be left to the best judgement of individuals handling the case

They might just accept the applicants assertion at face value. I think it would be prudent for the applicant to bring his student ID, financial transcript from the bursars office, and any tax returns he has to demonstrate that he is living well beyond his means; and copies of any checks or bank transfer confirmations showing that one or both of his parents funded his school tuition (which is presumably his single largest household expense)

[GeraldRoberts]

One thing that may help with your arranging is to investigate the common typical processing times (between documenting the N-400 and being required your meeting) at the USCIS serving both you as a parent's address in one state and state where your son is. To do as such, check the "USCIS Proceesing Time Information" page of the organization's site.

https://theessayservice.org/