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Could apply for citizenship 6 months before?

Discussion in 'US Citizenship' started by mundowise, Sep 15, 2008.

  1. mundowise

    mundowise Registered Users (C)

    My green card says that I am PR since 03/29/04. Several people have told me that due to the longer processing times for the US Citizenship, I should be able to apply 6 months before to get ahead of time. Could USCI reject my application? Can I apply that early? Anyone with similar experience?
  2. Bobsmyth

    Bobsmyth Volunteer Moderator

    You can apply up to 90 days before the 5th year of your GC anniversary. Read the guide to naturalization before you apply.

    www.uscis.gov/files/article/M-476.pdf
  3. boatbod

    boatbod Registered Users (C)

    They can and will reject your app. if you send it 6 months early! Normally under those circumstances, they don't even cash the check, but you never know, it could turn into an expensive mistake!

    90 days is the earliest allowed by law.
  4. raevsky

    raevsky Registered Users (C)

    There is some kind of discrepancy about the 3 month requirement.
    The law clearly requires not more than 3 months grace period

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

    At the same time the INS memorandum http://www.immigrationlinks.com/news/news035.htm is mentioning 90 days instead.

    That is why it is in the applicant's best interest to satisfy both the law and the memorandum mentioned.

    In practical terms, 3 months (specifically, February in a non-leap year, March and April) are 89 days long, which is less than 90 days long. So, even if you follow 90 days rule, you might still be in violation of the law (because if you apply 90 days before the 5 year anniversary, that could still be outside of 3 month period before 5 year anniversary).

    So, if your application period is within those 3 months mentioned, it might be a wise choice not to apply exactly 90 days before the anniversary, but to wait one more day.
    Last edited by a moderator: Sep 16, 2008
  5. raevsky

    raevsky Registered Users (C)

    Specifically, if your 5-year (or 3-year) anniversary of GC is in May of non-leap year (including May 1st or May 31st), you violate the law even if you follow the 90-day memorandum and apply right 90 days before the anniversary.
    That is 3 months (month of May in 3 years out of four) out of 48 month period (4-year cycle), where you get into the loophole discrepancy. In order not to get into the loophole you need to wait one more day.
  6. derekleewo

    derekleewo Registered Users (C)

    I agree. Also, the whole process is not a quick one. Even if you can get citizenship as quickly as I did last year in 5 months, it's still 5 MONTHS. Waiting 2-3 extra days to be extra safe is not going to make that much of a difference.
  7. boatbod

    boatbod Registered Users (C)

    That's why its always better to add a few extra days, and not try to apply exactly on the 90-day cutoff. After all, if you've waited 3 or 5 years, what's another couple of days going to hurt?

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