Law & Legal & Attorney Immigration Law

US Citizenship status if residing in the Commonwealth of the Northern Mariana Islands?

All applicants of various states in US have the option of applying for American citizenship online. For naturalization purposes the Commonwealth of the Northern Mariana Islands (CNMI) is defined as a State in the United States as of November 28, 2009. For an alien who was an immediate relative of a U.S. citizen residing in the CNMI previously residence in the CNMI only counted as residence in the United States for naturalization purposes.

Including any lawful permanent residents (LPR) who was a non-immediate relative and all other non-citizens were considered to be residing outside of the United States for immigration purposes. Before the Consolidated Natural Resources Act of 2008 (CNRA) was enacted therefore some LPRs residing in the CNMI were considered to have abandoned their lawful permanent resident status if they continuously lived in the CNMI.

USCIS no longer considers lawful permanent residents to have abandoned their LPR status solely by residing in the CNMI under the current law. This provision is retroactive as of  November 28, 2009 and provides for the restoration of permanent resident status. According to this provision towards the continuous and physical presence requirements for naturalization however the previous residence period would not count. As continuous residence within the United States for naturalization purposes therefore USCIS will only count residence in the CNMI on or after November 28, 2009.

Documents and evidence required

For naturalization purposes for the period of time required for continuous residence just the possession of a Permanent Resident Card (PRC) does not in itself establish the applicant's continuous residence. In the United States through testimony and documentation the applicant must demonstrate actual maintenance of his or her principal dwelling place, without regard to intent.

In case a person say a "traveler alien" for example could have held a permanent resident card and used it for eight years. But for naturalization the applicant would not be eligible until he or she had actually taken up permanent residence in the United States and maintained such residence for the required legal period. To determine whether the applicant has met the required period of continuous residence USCIS will review all of the relevant records. To determine whether the applicant met the required period of continuous residence the applicant's testimony will also be considered. Stating the residence in the application would be cross verified with either lease or rent agreements,tax payments.

Also prior to applying for US citizenship in case applicant has moved to a new state or location only after 90 days he/she would be eligible to file form N400. Minimum 90 days applicant should have stayed at one particular address before filing for naturalization with the USCIS center having jurisdiction on that particular area of residence. In case applicant works in a different or adjacent state but resides in another state, based on that residence address only application needs to be filed. After double checking and ensuring the eligibility based on residence requirement only applicant should file for US citizenship for the processing to be easy and quick.
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