Naturalization

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Old Nov 8th 2013, 4:22 pm
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Default Naturalization

We became eligible for naturalization in Sept this year.
I am starting to research applying. It seems fairly straight forward
So have people had experience of going it alone? Ie not using an attorney?
My understanding is that it takes around 6 months? There is a possibility that we could be relocated to another state in the new year. So, should we wait to apply after we have moved? Or can we apply in our current state and then move the application to a new state?
Or should we just hold our horses and wait to find out about the relo?
Thanks all!
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Old Nov 8th 2013, 4:30 pm
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Default Re: Naturalization

You don't need a lawyer. The forms are straightforward.
Don't know about the moving issue but that may simply be a change of address and then you can chose where to attend the ceremony.
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Old Nov 8th 2013, 5:03 pm
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Default Re: Naturalization

Personally, I would wait until you have moved. Not because it affects anything, but because it's easier to do it from one address rather than hoping they get the message when you've moved. Also, the interview will be scheduled at the closest center - which will obviously change.
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Old Nov 8th 2013, 5:23 pm
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Default Re: Naturalization

There is also a requirement to have been resident in the same USCIS district for three months. Map of USCIS districts here.
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Old Nov 8th 2013, 5:27 pm
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Default Re: Naturalization

Unless you've done something stupid while being a PR like get arrested, been out of the country too long or claimed to be a USC such as by accidentally voting it is the easiest part of the whole process and can safely be done by yourself. They want you to be a citizen.

As rjps says you must be resident in the district for three months. If you aren't going to move for six months I would do it now otherwise wait until three months after the move.
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Old Nov 8th 2013, 5:28 pm
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Default Re: Naturalization

Originally Posted by rpjs
There is also a requirement to have been resident in the same USCIS district for three months. Map of USCIS districts here.
I didn't know about this - I suppose if you don't want to wait 9 months (and it may be done by then anyway) then you should get started now!
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Old Nov 8th 2013, 5:42 pm
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Default Re: Naturalization

Originally Posted by sir_eccles
. They want you to be a citizen.
.
That's very true. I used to get barked at by an ex-marine type when going through immigration, telling me to get naturalized. It was quite funny.
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Old Nov 8th 2013, 5:46 pm
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Default Re: Naturalization

Thanks All!! I had missed the three month residency thingy. Hmmm in that case it might be in our interests to wait until the move. Which if it happens will be fast.
Is there an upper time limit? I mean I know we could've applied in sept but does it time out the other way? Or can we apply at anytime up until the green card expires?
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Old Nov 8th 2013, 5:49 pm
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Default Re: Naturalization

Originally Posted by Adnams
Thanks All!! I had missed the three month residency thingy. Hmmm in that case it might be in our interests to wait until the move. Which if it happens will be fast.
Is there an upper time limit? I mean I know we could've applied in sept but does it time out the other way? Or can we apply at anytime up until the green card expires?
No upper time limit. The green card expires in terms of the date of the green card, but you continue being a PR and simply apply to renew the green card so you can prove that you are a PR.
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Old Nov 8th 2013, 6:01 pm
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Default Re: Naturalization

Originally Posted by Adnams
Thanks All!! I had missed the three month residency thingy. Hmmm in that case it might be in our interests to wait until the move. Which if it happens will be fast.
Is there an upper time limit? I mean I know we could've applied in sept but does it time out the other way? Or can we apply at anytime up until the green card expires?
My ex lived in the US for 30 years before she applied.
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Old Nov 8th 2013, 6:18 pm
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Default Re: Naturalization

Originally Posted by Adnams
Thanks All!! I had missed the three month residency thingy. Hmmm in that case it might be in our interests to wait until the move. Which if it happens will be fast.
Is there an upper time limit? I mean I know we could've applied in sept but does it time out the other way? Or can we apply at anytime up until the green card expires?
I'll probably get corrected on this but I think the green card still needs to be valid at the time of the oath ceremony, you don't get an extension just for filing the N400 as you do for removing conditions. So one should probably consider leaving enough time before it expires to complete the naturalization process.

Though, one could also argue that the longer you leave it then the more chance you have of getting arrested or something stupid like that. Get it done before you screw it up :-)
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Old Nov 8th 2013, 7:32 pm
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Default Re: Naturalization

Originally Posted by hoffage123
No upper time limit. The green card expires in terms of the date of the green card, but you continue being a PR and simply apply to renew the green card so you can prove that you are a PR.
Correct.

However...

Just a wrinkle that I suspect many do not know about...

US employment law, specifically 8 USC 1324d(a)(3), defines a protected person. The definition of a protected person excludes:

(i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and
(ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service’s processing the application shall not be counted toward the 2-year period.
So while in terms of the naturalization process there is no upper time limit if you eventually fall into one of the above categories then you lose status as a protected person under employment law.

One of those facts I stumbled across in the course of my work - no personal connection to the law so cannot comment other than identifying it exists within the context of deferring naturalization once qualified.
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Old Nov 9th 2013, 3:46 pm
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Default Re: Naturalization

Originally Posted by Michael
My ex lived in the US for 30 years before she applied.
I became a US citizen 45 years after landing on these fair shores. No-one asked me why I took so long, but I did get comments in Immigration on how low my Alien number was. And I was annoyed by the green card renewal process.

My mother still has not forgiven me for going over to the dark side.
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Old Nov 9th 2013, 6:42 pm
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Default Re: Naturalization

Originally Posted by celticgrid
US employment law, specifically 8 USC 1324d(a)(3), defines a protected person.
There is no 8 USC 1324d(a)(3), although there is an 8 USC 1324b(a)(3). That said, 8 USC 1324b(a)(3) has no bearing whatsoever on what's happening here. I suggest you actually read section (a) in its entirety. 8 USC 1324b(a)(3) has no bearing on naturalization based on 3 or 5 years as a PR. Indeed, it's totally irrelevant.

Ian
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Old Nov 9th 2013, 8:33 pm
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Default Re: Naturalization

Originally Posted by ian-mstm
There is no 8 USC 1324d(a)(3), although there is an 8 USC 1324b(a)(3). That said, 8 USC 1324b(a)(3) has no bearing whatsoever on what's happening here. I suggest you actually read section (a) in its entirety. 8 USC 1324b(a)(3) has no bearing on naturalization based on 3 or 5 years as a PR. Indeed, it's totally irrelevant.

Ian
You are right…a typo on my part. Should have been 'b'.

It is certainly a factor that someone might consider should be taken into account when deciding exactly when to naturalize, which is part of the OP's scenario. Not therefore "totally irrelevant".

Last edited by celticgrid; Nov 9th 2013 at 8:50 pm.
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