Continuous Residence and N-652

[Johnlock]

Hello All,

First time poster here. I'm currently a Permanent Resident (Marriage based). I moved to CA from MA in October, 2011 with my family. I became eligible for naturalization when I was living in MA, but I thought to apply for naturalization after moving to CA. I sent N400 application to USCIS in December and they received it on December 21, 2011. I have been married for four years so I thought I was eligible, not knowing that there is also a continuous residence in one state requirement, i.e, that I have to live in CA for three months before applying. USCIS should have sent me a letter stating that I am not eligible because I do not meet the requirements. But they didnt. They cashed the application fee check, called me for biometerics and then interview. I passed the test and the officer gave me N-652 saying that my application has been recommended for approval and I should get Oath ceromony letter in a week. Its been three weeks since my interview, and I get a phone call from that officer to see him again in person. When I asked the reason, he told me that I dont meet continuous residence requirement, and no one picked it up. He gave me a hint that either he'd have to deny my application, or I withdraw my application. And I might have to apply again, and sent them the application fee again. He gave me his phone number to schedule this appointment.

So now there are two things. I am going to pay the fee again. I dont know what effect this mess up is going to have on my future application. I mean, why am I suffering because of their mistake. Should I withdraw or get denied? Any insight/suggestions would be appreciated.

[nwctzn]

Hello All,

First time poster here. I'm currently a Permanent Resident (Marriage based). I moved to CA from MA in October, 2011 with my family. I became eligible for naturalization when I was living in MA, but I thought to apply for naturalization after moving to CA. I sent N400 application to USCIS in December and they received it on December 21, 2011. I have been married for four years so I thought I was eligible, not knowing that there is also a continuous residence in one state requirement, i.e, that I have to live in CA for three months before applying. USCIS should have sent me a letter stating that I am not eligible because I do not meet the requirements. But they didnt. They cashed the application fee check, called me for biometerics and then interview. I passed the test and the officer gave me N-652 saying that my application has been recommended for approval and I should get Oath ceromony letter in a week. Its been three weeks since my interview, and I get a phone call from that officer to see him again in person. When I asked the reason, he told me that I dont meet continuous residence requirement, and no one picked it up. He gave me a hint that either he'd have to deny my application, or I withdraw my application. And I might have to apply again, and sent them the application fee again. He gave me his phone number to schedule this appointment.

So now there are two things. I am going to pay the fee again. I dont know what effect this mess up is going to have on my future application. I mean, why am I suffering because of their mistake. Should I withdraw or get denied? Any insight/suggestions would be appreciated.

Sorry to hear about your situation but this 3-month in same state/district rule cannot be overruled.

I do not think that it should have a negative effect on your future application since you are denied or you withdraw because of eligibility reasons, not because there is some significant flaw in the application or anything bad in your history.

To have peace of mind and to look into your options, before scheduling your appointment with the officer, it might be a good idea to speak to an immigration lawyer to get a second opinion.

Best of luck!