Early filing N400 if physical presence inadequate

Arvind Apte

New Member
I am a GC holder with physical presence of 29 months on my early filing date ie 20th July 2015 but it will be 32 months (required is 30 months) on anneversary date ie 18th Oct. 2015. Can I apply on early filing date 20th July 2015 presuming 30 months requirement will be met with before completion of 5 yrs period of GC on 18th Oct.2015. All other requirements are fulfilled. Kindly answer early as 20th July is nearing fast
Thanks in advance and regards to all
Arvind Apte
New member
 
No. Continuous residence is the only requirement you can be 90 days away from meeting when you file. All other requirements (including physical presence) must be met at the time that you file. You can file when you meet the 30 months of physical presence (which will still be early filing, just not that early).
 
it would be better to wait until you have more physical presence, and not just exactly the right amount (913 days). BTW, you are very close to the limit. Did you take many long trips? Where some of those back to back? These themselves could, but won't necessarily raise questions during your interview.
 
For example, you leave for 170 days, come back to the US for a week, and then leave again for 165 days or something. You could do this again, returning only for a few days, and then leaving again for months. Without proof of good ties to the US, this could be construed as a single long trip.
 
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