90 day Early Filing for US Citizenship

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txres

Registered Users (C)
Can someone verify that this is still true?
You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement. I am seeing this when I search "USCIS Early Filing Calculator" on the USCIS gov site. Would appreciate if someone would confirm and let me know that you all are still doing this. Thanks.
 
90 days rule exceptions

However, if you are filing under the 4 years + 1 day rule, then this does not apply. You cannot file early.
 
What is that rule?

What is the 4yrs + 1 day rule? I am not aware of that. Please explain and provide link to the rule on USCIS site. Thank you.
 
Basic early filing is authorized by INA 334(a).

The remedy is found at 8 CFR 316.5(c)(1)(ii).

They cannot be combined.
 
txres said:
What is the 4yrs + 1 day rule? I am not aware of that. Please explain and provide link to the rule on USCIS site. Thank you.
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Simply put, if an applicant for N400 has broken continuous residence by taking a re-entry permit and staying outside the US for more than 1-year, but less than 2 years, then you are eligible to file after 4 years and 1 day of your return from this long break. In which case the 90 days early filing does not apply.
 
You can file in your citizenship application, before 90 days of your 5 yr/3yr anniversary, only if there is no problem with your continuous residency requirement. Say for example, that you have lived in the US for about 2 yrs and then left to your native country and stayed there for more than a year. You would have obtained a re-entry permit to maintain your LPR status, with which you would have re-entered the country. This one year out of the US alone will be counted in your continuous residence period and the 2 yrs that you had stayed previously will be rendered void. This will mean that you will be able to file in your us citizenship form only after 4 yrs and 1 day of having re-entered the US.
 
jessicapotter said:
You can file in your citizenship application, before 90 days of your 5 yr/3yr anniversary, only if there is no problem with your continuous residency requirement. Say for example, that you have lived in the US for about 2 yrs and then left to your native country and stayed there for more than a year. You would have obtained a re-entry permit to maintain your LPR status, with which you would have re-entered the country. This one year out of the US alone will be counted in your continuous residence period and the 2 yrs that you had stayed previously will be rendered void. This will mean that you will be able to file in your us citizenship form only after 4 yrs and 1 day of having re-entered the US.
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Technically, the last 364 days count, so when you add 4yrs and 1 day it equals a FULL five (5) years. (And for spouses of qualified USCs it equals three (3) FULL years when you add 2yrs and 1 day.)

All that derives from INA 316(b) extended absence benefits and is clarified in 8 CFR 316.5(c)(1)(ii).

The regular 3 months early filing comes from INA 334(a) but it only applies to INA 316(a) or 319(a) and NOT INA 316(b).

Also you can't combine them when--if you added the remedial period to a period under 364 days as an LPR you fall short of a FULL # of years as an LPR you don't qualify and you have to wait it out anyway. Conversely, if you had a long time in the U.S. before you broke "continuous residence" the "remedy" means that you don't have to start over counting from scratch and you are already over the 3 month window as an LPR so the provisions of 334(a) become irrelevant to you.

Take my word for it before you get a headache thinking about it or go read the law and regulations and precedent decisions like I did as an adjudicator and trainer for INS and USCIS teaching Immigration and Nationality Law for over a decade.
 
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what if some one stayed out for over two yrs

NotBonJovi said:
Simply put, if an applicant for N400 has broken continuous residence by taking a re-entry permit and staying outside the US for more than 1-year, but less than 2 years, then you are eligible to file after 4 years and 1 day of your return from this long break. In which case the 90 days early filing does not apply.
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Just curious, If some one stayed out of country for over two years with re-entry permit (applied permit, left Us, then when approved dates were two yrs from approval date - not the application date) successfully entered US after staying over two years. does this person can naturalize? Whole family left out for same duration.
 
pmpforgc said:
Just curious, If some one stayed out of country for over two years with re-entry permit (applied permit, left Us, then when approved dates were two yrs from approval date - not the application date) successfully entered US after staying over two years. does this person can naturalize? Whole family left out for same duration.
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More details needed on this case. For example, before leaving the US for more than two years, did the family stay in the US for more than a year; i.e., did they establish a long enough residence in the US before they left?
 
further details

nwctzn said:
More details needed on this case. For example, before leaving the US for more than two years, did the family stay in the US for more than a year; i.e., did they establish a long enough residence in the US before they left?
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Family stayed in US for 7 to 8 month before leaving for over two years.
 
pmpforgc said:
Family stayed in US for 7 to 8 month before leaving for over two years.
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They did not stay for at least a year in the US before they left so I doubt that the 4 year + 1 day rule can be applied. But in the worst case, they can apply 5 years after they came back to the US after that long absence.
 
If you apply 90 days early - is it possible for the whole process to be complete before the 90days are over? I am guessing not...but that would mean you'd have your USC before 5yrs.
 
It is possible to have the interview completed before the 90 days is up. But it is impossible to do the oath before the 90 days is up.
 
pmpforgc said:
Just curious, If some one stayed out of country for over two years with re-entry permit (applied permit, left Us, then when approved dates were two yrs from approval date - not the application date) successfully entered US after staying over two years. does this person can naturalize? Whole family left out for same duration.
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If someone stayed outside US based on allowed re-entry permit dates, they should be fine to re-enter before that date. USCIS 'Guide to Naturalization' has given some examples that may be useful for 4 year + 1 day rule.
 
Kindly clarify more

BigJoe5 said:
Technically, the last 364 days count, so when you add 4yrs and 1 day it equals a FULL five (5) years. (And for spouses of qualified USCs it equals three (3) FULL years when you add 2yrs and 1 day.)

All that derives from INA 316(b) extended absence benefits and is clarified in 8 CFR 316.5(c)(1)(ii).

The regular 3 months early filing comes from INA 334(a) but it only applies to INA 316(a) or 319(a) and NOT INA 316(b).

Also you can't combine them when--if you added the remedial period to a period under 364 days as an LPR you fall short of a FULL # of years as an LPR you don't qualify and you have to wait it out anyway. Conversely, if you had a long time in the U.S. before you broke "continuous residence" the "remedy" means that you don't have to start over counting from scratch and you are already over the 3 month window as an LPR so the provisions of 334(a) become irrelevant to you.

Take my word for it before you get a headache thinking about it or go read the law and regulations and precedent decisions like I did as an adjudicator and trainer for INS and USCIS teaching Immigration and Nationality Law for over a decade.[/QUOTE

Did you mean 364 days prior to his extended absence of one year ? Or the one year he spent in his native country?
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