90 Days Advance File Date Issue

[natvyas 21]

I have a question:

 

I got my Green Card on 9/6/2013. I filed ONLINE 90 days ahead of my 5th year anniversary (on 7th June). Per the USCIS calculator the date for early file was 8th June. But when I was working on my online application, the RED FLAG was removed on the 7th June and infact showed a GREEN color which said everything is in order and allowed me to file. I got the NOA on 7th June and the CC payment was also accepted.

 

Anything to be concerned about?

[CarlHamilton 252]

You should have gone by the calculator.  Yes, you should be concerned.  People have posted here that applying online a day early resulted in denials down the line.  It doesn't matter that the system allowed you to file. 

[natvyas 21]

6 minutes ago, shomer said:

You should have gone by the calculator.  Yes, you should be concerned.  People have posted here that applying online a day early resulted in denials down the line.  It doesn't matter that the system allowed you to file. 

What are my options?

[CarlHamilton 252]

6 minutes ago, natvyas said:

What are my options?

I don't know.  Use the search function to find previous cases and ask them. 

[natvyas 21]

INA: ACT 334 - APPLICATION FOR NATURALIZATION; DECLARATION OF INTENTION

 

Sec. 334. [8 U.S.C. 1445]

(a) An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting, if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this title. In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a) , the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

 

The law states 3 months and not 90 days. I see a technical difference.

 

Edited June 13, 2018 by natvyas

[Cocoza 48]

32 minutes ago, natvyas said:

INA: ACT 334 - APPLICATION FOR NATURALIZATION; DECLARATION OF INTENTION

 

Sec. 334. [8 U.S.C. 1445]

(a) An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting, if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this title. In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a) , the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

 

The law states 3 months and not 90 days. I see a technical difference.

 

 

[natvyas 21]

I have a friend who has the exact same dates as me and filed on 7th June.

 

He got himself an Infopass in Columbus, for next week. In Houston nothing is available for next 2 weeks.

 

Lets see what the outcome is.

[CarlHamilton 252]

4 hours ago, natvyas said:

INA: ACT 334 - APPLICATION FOR NATURALIZATION; DECLARATION OF INTENTION

 

Sec. 334. [8 U.S.C. 1445]

(a) An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting, if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this title. In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a) , the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

 

The law states 3 months and not 90 days. I see a technical difference.

 

Are you going to argue with USCIS over what the law says?  Good luck.  Face it, you tried to jump the gun to gain a day and you may end up wasting a lot more time than that trying to dig yourself out of your self-inflicted problem.  Should have gone by the calendar.