90-day period before filing N-400

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Venkat4RSK

New Member
Hi,

The "Guide to Natularization" says one could apply 90-days before meeting the "continous residence" requirement provided "all other requirements" are met.

My question is:

Should I already have been a "Permananent Resident for 5 years" before filing the application or does the 90-day period apply to it also?

FYI- I will be completing 5 years as a "permanent resident" as well as 5 years of "continuous residence" on April 7th 2003 and am trying to decide if I can apply now.

Thanks in advance for any help.

Venkat4RSK
 
When I called the National Customer Service Center at INS I was told by the rep I spoke with that it is "probably" better to wait for the completion of the 5 year period of PR before applying even though I am currently in the 90-day period before the 5 year "continuous residence" requirement.

Any one out there that applied 3 months before completing 5 years as a PR and succeeded?

Thanks a bunch.
 
Re: Re: 90-day period before filing N-400

Originally posted by JoeF
The 90-day period (actually 3 months according to INA, and 90 days according to 8CFR, talk about INS consistency...) only indirectly applies to it, since the continuous residence time is counted starting with the lawful admission as PR.
So it is ok in your case to file 90 days before your 5th anniversary of becoming a PR.
Click to expand...

What confuses me is that where they mention the 90 day period they also mention that "all other requirements" must be met and the PR requirement is shown separately in the table in the Guide to Naturalization. What further forces me to look at PR and CR (contnuous residence) separately is that it is possible for a person to be a PR for 5 years without having accumulated 5 years of CR (due to prolonged visits outside the US). So I thought the 90-day period didn't apply to PR.
 
I will be eligible to apply for my naturalization soon, and asked 2 immigration lawyers about submitting my application during the 90 period. One of them said that it's totally ok to apply during the 90 day period, while the other one insisted that I should wait till I have my full 5 years because some of his clients had their applications returned when they filed during that time.
 
Check posting by Jenny_dg above.. 90 days filing prior is ok. Also there are many other postings which list the same.
 
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