To be eligible to apply for US naturalization in a US district/state, one must have established and maintained residence for 3 months (but not necessarily being physically present) in that district. How many days does this 3-month requirement represent? Is that 90 days (sometimes 1 month = 30 days, e.g. for the 6-month req is in fact 180 days, not 6 months)? Or a variable amount of days depending on which months the applicant established their residence? Or some other numbers?
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You answered this question in your own answer to which you linked in this question. What confused you in your own text? – littleadv May 12 '22 at 03:52
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@littleadv my answer says three months. How many days does the 3-month requirement to apply for naturalization in a US district/state represent? – Franck Dernoncourt May 12 '22 at 03:52
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Count the days in the three months relevant. – littleadv May 12 '22 at 03:53
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2How about just not getting yourself into a situation where it even matters whether it's 90 or 91 or 92 days? Submit your application when there is absolutely no question whether you meet the 3 month requirement. – Greg Hewgill May 12 '22 at 03:53
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Does this answer your question? How does one count the 3-month requirement to apply for naturalization in a US district/state? – littleadv May 12 '22 at 03:53
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@littleadv Sometime 1 month = 30 days, e.g. for the 6-month req is in fact 180 days, not 6 months. https://expatriates.stackexchange.com/a/20913/164 Hence, not a duplicate. – Franck Dernoncourt May 12 '22 at 03:54
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@FranckDernoncourt what in your quotes from the legal authorities led you to suspect that this is one of these times? – littleadv May 12 '22 at 03:55
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@littleadv I prefer explicit texts over assumptions. – Franck Dernoncourt May 12 '22 at 03:57
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I'll ask you again - what is not clear in the authoritative quotes you yourself provided in the other answer? – littleadv May 12 '22 at 04:06
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"for the 6-month req is in fact 180 days": that's not correct. There is no government source saying that, and you've misinterpreted the information presented in the answer you link to. – phoog May 12 '22 at 06:24
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@phoog thanks, are you disputing the term requirement or the 180? – Franck Dernoncourt May 12 '22 at 07:11
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The 180 days interpretation of "six months." The only source that seems to support that assertion is "If you have spent...over 180 days [outside the US], CitizenPath recommends [consulting a lawyer]." That's a far cry from an official source stating that six months means 180 days, and I rather suspect that any court would find that many 181-day absences, for example from May 16 through Nov 11, inclusive, are less than 6 months. – phoog May 12 '22 at 07:35
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@phoog official source: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=The%20applicant%20has%20been%20absent,continuous%20residence%20requirement%20for%20naturalization. It's tricky because in many official writings they don't state that 6 months in that requirement means 180 days. That's why I'm asking this question about the 3 months, in case I miss somewhere that specifies the 3 months. – Franck Dernoncourt May 12 '22 at 08:06
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That's still only the policy manual. I don't suppose a judge would necessarily find in favor of this policy. – phoog May 12 '22 at 08:59
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@phoog That's still a governmental source and USCIS officers tend to follow the USCIS manual. No idea if that's also in the CFR or USC but if the USCIS manual specifies something clearly then that's good enough for me. – Franck Dernoncourt May 12 '22 at 09:18
1 Answers
Three months may comprise any number of days between 89 and 93, depending on when you start counting and on whether you count inclusively.
For this purpose, you are eligible to apply on the same day of the month as the day on which you established residence in the district. For example, if you established residence on February 12th, you can apply on May 12th. Whether you consider that to be 89 days or 90 is irrelevant. I don't know how they handle situations where you establish residence at the end of a month that has fewer days then the third month following, but the first of the next month ought to be safe. For example, if you establish residence on November 30th, wait until March 1st.
But really, as Greg Hewgill suggests, stop being so cute. You've been waiting for a few years to naturalize; a few more days isn't going to hurt. Why not just play it safe and wait for the 95th day after you moved or even the 100th day?
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