is early N-400 FILING POSSIBLE ? (merged)

[ponyo_rocks 7]

15 hours ago, PK_ said:

Please note that the 90-day early filing is only applicable for the 5th anniversary of being a green card holder. It does not apply to you since you have already been a green card holder for more than 5 years.

Nothing says that the 90-day early filing applies to that break in residence clause.

Are you sure about this @PK_? I have read many instances where the 90 day early filing also means you can file 90 days before you meet 5 years (or 3 years for marriage) of continuous residence. Per the USCIS Policy Manual:

 

Quote

 

D. 90-Day Early Filing Provision (INA 334)

An applicant filing under the general naturalization provision may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as an LPR. ^[14] Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required five-year period of continuous residence as a lawful permanent resident (LPR).

USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010 USCIS will begin to calculate the 90-day early filing period from June 9, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 (90 calendar days earlier).

 

 

 

Also, I dont understand where the 4 years and 6 month rule comes from. I dont see it in the policy manual. If anyone can link to it, I'd be very interested to read.

 

I know about the 4 year and 1 day rule and agonized over whether to apply using that rule (decided not to in the end).

 

OP,  In your case, I think 4 years and 9 months after your return from long trip is ok to apply, but if you can wait extra 3 months that would be best since they are less likely to probe into your absence, get supervisor approval etc. I have a 2 year stay outside the US on my record (with re-entry permit), but I applied after this trip was completely outside 5 yr window.

Edited September 17, 2019 by ponyo_rocks

[millefleur 5,052]

**Similar threads merged. Please keep all discussion related to your citizenship case to this thread. Better advice can be given when people have the full context of your situation.**

 

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