90 Days Before 5 Year Continuous Resident, How to answer questions?

[dara64]

I received my greencard 6 years ago, but left the US immediately for just under 1 year. I am now coming up to 5 years of continuous residence, and want to apply 90 days before I will have been in the US for 5 years. I don't know whether to answer the questions as of the date of my application, or as of the date when I will have been in the US for 5 years. Filling in the form using the date of application adds a great deal of complexity since I was not in the US for the first 90 days.

Has anyone else encountered this problem?

 

[Bobsmyth]

I received my greencard 6 years ago, but left the US immediately for just under 1 year. I am now coming up to 5 years of continuous residence, and want to apply 90 days before I will have been in the US for 5 years. I don't know whether to answer the questions as of the date of my application, or as of the date when I will have been in the US for 5 years. Filling in the form using the date of application adds a great deal of complexity since I was not in the US for the first 90 days.

Has anyone else encountered this problem?

Exactly what questions on N-400 are you referring to?

 

[dara64]

It affects 2 questions for me - 6a and b regarding where you have lived and worked in the last 5 years. 7a and b regarding how many days have I spent outside of the US during the past 5 years, and how many trips outside the US in the past 5 years. If I answer as of the application date I lived in a foreign country for the first 90 days of the 5 years so I have to list my foreign address and that I was a student for those 90 days, also this adds 90 days to the time I have spent outside of the US and adds 1 trip to the number of trips outside the US. If I answer as of the date that I will have had continuous residence for 5 years then I will have only lived in the US.

 

[sanjoseaug20]

You can not get away from providing the the information.
Why can't you wait another 90 days?

 

[Bobsmyth]

It affects 2 questions for me - 6a and b regarding where you have lived and worked in the last 5 years. 7a and b regarding how many days have I spent outside of the US during the past 5 years, and how many trips outside the US in the past 5 years. If I answer as of the application date I lived in a foreign country for the first 90 days of the 5 years so I have to list my foreign address and that I was a student for those 90 days, also this adds 90 days to the time I have spent outside of the US and adds 1 trip to the number of trips outside the US. If I answer as of the date that I will have had continuous residence for 5 years then I will have only lived in the US.

You must answer from the date of application. If you're worried about having to disclose foreign address, then wait another 90 days before you apply.

 

[dara64]

Thank you for your answers!

I need to apply as soon as possible so my husband can apply for a greencard. It isn't particularly a problem to include my foreign address, just want to know which is correct. The reason they allow you to apply 90 days before is because they anticipate it will take longer than 90 days, and then what happened in those 90 days 5 years ago is not really relevant. I should imagine that the immigration officer likes things to be as straight forward as possible, and including information which isn't really relevant to the application just confuses things. They don't want to know what I was doing more than 5 years ago, that's why they only ask for 5 years.

I am surprised this question hasn't come up on this forum before since anyone who has had a break in continuous residence, but then wants to apply 90 days before 5 years will encounter this problem. By definition those 90 days 5 years ago would have been in a foreign country otherwise they wouldn't be coming up to 90 days prior to the 5 years of continuous residence.

 

[Bobsmyth]

... and then what happened in those 90 days 5 years ago is not really relevant. I should imagine that the immigration officer likes things to be as straight forward as possible, and including information which isn't really relevant to the application just confuses things. They don't want to know what I was doing more than 5 years ago, that's why they only ask for 5 years.

They look at the previous 5 years from the date of applying, even if you apply 90 days early so the information is relevant.

I am surprised this question hasn't come up on this forum before since anyone who has had a break in continuous residence, but then wants to apply 90 days before 5 years will encounter this problem. By definition those 90 days 5 years ago would have been in a foreign country otherwise they wouldn't be coming up to 90 days prior to the 5 years of continuous residence.

If an applicant had a break in continuous residence in the last 5 years before applying, then obviously they wouldn't be eligible to apply 90 days early. You don't seem to realize that continuous residency is calculated during the previous 5 years of applying and must be maintained up until the oath date.

 

[sanjoseaug20]

By definition those 90 days 5 years ago would have been in a foreign country otherwise they wouldn't be coming up to 90 days prior to the 5 years of continuous residence.

What makes you think so? Lot of people are eligible for 4 year + 1 day rule, so the question of 90 days before 5Y does not even come up. You said you left US immediately after getting green card ... you need to realize that that while many people do this, is not what CIS expects them to do as "permanent residents".

Also, check this
http://forums.immigration.com/showt...d-I-applied-too-early....don-t-understand-why!

Again, answer the questions as of the date you are mailing out the application.

 

[Jackolantern]

If an applicant had a break in continuous residence in the last 5 years before applying, then obviously they wouldn't be eligible to apply 90 days early.

Not entirely correct. They can still apply when it is 5 years minus 90 days since resuming residence.

 

[dara64]

Not wanting to flog a dead horse, but even though I am applying after 4 years and 9 months I know I am supposed to select the answer which says "I have been a Lawful Permanent Resident of the United States for at least five years." in section 2A. (There is a thread on here that states that, but I am not allowed to link to it.)

If you are allowed to take the definition of 4 years and 9 months = 5 years for this question, why does it not apply to the other questions which ask about the past 5 years?

I know this is off topic, but I am curious about the 4 year + 1 day rule - I left the US for 11months at the start of my residency. In the documentation it says if you left for more than 1 year you are allowed to count 364 days of that time, but I left for 11months so I assumed I can't count any of that time, is that correct? Could someone kindly direct me to this info?

 

[madh4]

Not wanting to flog a dead horse, but even though I am applying after 4 years and 9 months I know I am supposed to select the answer which says "I have been a Lawful Permanent Resident of the United States for at least five years." in section 2A. (There is a thread on here that states that, but I am not allowed to link to it.)

If you are allowed to take the definition of 4 years and 9 months = 5 years for this question, why does it not apply to the other questions which ask about the past 5 years?

I know this is off topic, but I am curious about the 4 year + 1 day rule - I left the US for 11months at the start of my residency. In the documentation it says if you left for more than 1 year you are allowed to count 364 days of that time, but I left for 11months so I assumed I can't count any of that time, is that correct? Could someone kindly direct me to this info?

6 years back you came to USA on GC. You had an address. You left to complete your studies. You had not abandoned your residence if you returned within one year. Which seems to be a fact as you say you returned in 11 months. Till your return that is your residence. You went only temporarily. You did not shift permanently. If your absence was more than a year then 4 year 1 day rule comes into effect from the date of your return.

My opinion is that you could have filed N-400 last year itself before completion of 5 years, if you can meet the physical residence of 30 months in last 5 years. You can file any time now.

 

[Bobsmyth]

Not wanting to flog a dead horse, but even though I am applying after 4 years and 9 months I know I am supposed to select the answer which says "I have been a Lawful Permanent Resident of the United States for at least five years." in section 2A. (There is a thread on here that states that, but I am not allowed to link to it.)

If you are allowed to take the definition of 4 years and 9 months = 5 years for this question, why does it not apply to the other questions which ask about the past 5 years?

Because the 90 day early rule only allows you apply up to 90 days before you have reached 5 years of continuous residency as a LPR, but you still must meet all other requirements at the time of filing application.