Is it or is it not time for me to file N-400?

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docpogi

Registered Users (C)
Hey guys!

Got my GC (Employment based) in Feb. 2004
Going in and out of the country- 6 trips so far, each trip less than 6 months
Number of days out of US- 310 days to date (less than 30 months)

Am I eligible to file N-400 now before I reach 5 years on Feb 2009? I heard a lot of stories that they will add the number of days you're out of the country to the 5 years before you can be eligible to apply? Is that true? If that's true then I will be eligible to apply later next year?

Please guide me.
 
Go for it, you are so ready. Even if I assume that your GC has 2-28-04 on it, you are ready to go. Your trips were under 6 months and you met your continuous and physical residency requirements, you have nothing to worry and they don't add anything.
 
Thanks sbenni1. I highly appreciate your reply.

So far, I have never found a similar incident in this forum wherein USCIS will add the number of days you are out of the country to 5 years even if they are less than 6 months.

Its just confusing though since they are saying different things when I called USCIS 1 800 number. The first person I spoke with told me that they will add it, so I won't be eligible until late next year. The second person i spoke to said otherwise, that I'm ready to apply. Even the immigration lawyer who assisted me in getting here is not sure of this policy-- that they will add the number of days that you are out of the United States to the 3 or 5 year mark for you to complete those number of years. I have been reading the continuous residence and physical presence requirement on the USCIS Guide to naturalization over and over and tried to read in between the lines but I can''t figure out why are they doing such thing.

My brother in law who applied 2 years ago has been here more than 5 years as LPR but was told to reapply after a few months and he did NOT get his money back.
 
docpogi said:
Even the immigration lawyer who assisted me in getting here is not sure of this policy-- that they will add the number of days that you are out of the United States to the 3 or 5 year mark for you to complete those number of years.
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There is no such policy to add days like that. You are eligible to apply this month (90 days counting back from Feb. 2009).
My brother in law who applied 2 years ago has been here more than 5 years as LPR but was told to reapply after a few months and he did NOT get his money back.
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He probably had other issues like a trip over 6 months, or less than 30 months physical presence within the last 5 years before applying, or a pattern of multi-month trips of less than 6 months each with the trips being very close together and totaling much more than a year. Or he applied right after returning from a very long trip, or took a very long trip while the application was pending ... long trips immediately before or during the process create the impression (in their eyes) that one is gearing up to relocate outside the US or has already relocated and just came back for the interview.
 
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Jackolantern said:
There is no such policy to add days like that. You are eligible to apply this month (90 days counting back from Feb. 2009).

He probably had other issues like a trip over 6 months, or less than 30 months physical presence within the last 5 years before applying, or a pattern of multi-month trips of less than 6 months each with the trips being very close together and totaling much more than a year. Or he applied right after returning from a very long trip, or took a very long trip while the application was pending ... long trips immediately before or during the process create the impression (in their eyes) that one is gearing up to relocate outside the US or has already relocated and just came back for the interview.
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Thanks jackolantern for your reply.

Actually, he only left United States once and it only lasted a month when they went home for a vacation.
My other dilemma is I'm planning to go home again by March 2009 for my 6 month old daughter's baptism. I'm planning to go home for only 3 weeks though, and I haven't bought my plane ticket yet. Do you think I can file N-400 first before I go home, or file as soon as I get back? Thanks.
 
docpogi said:
Actually, he only left United States once and it only lasted a month when they went home for a vacation.
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There's no way he was denied just for a 1-month trip. There must be something else to it that you don't know. Maybe he missed the interview or fingerprinting, or failed to provide a required document, or was on probation for a criminal charge or had a court case pending.
 
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