90 days rule for n400

M

manish22

Registered Users (C)
Hi,
Most people seem to think that N400 can be filed 4 yrs and 9 months after becoming PR. But When I read guide to naturalization, it only lets apply 90 days before you meet the "continuous residence" requirement. and it says that you must meet all other requirements. Since the 5 yr as a PR rule is a separate requirement, I would think that you would have to meet that before you can file for N400 ?
Can anyone verify whether we can really file N400 4 yrs and 9 months after becoming PR ? Any links would be appreciated. Or had anyone applied after 4 yrs and 9 months and passed the interview successfully.
 
manish22 said:
Hi,
Most people seem to think that N400 can be filed 4 yrs and 9 months after becoming PR. But When I read guide to naturalization, it only lets apply 90 days before you meet the "continuous residence" requirement. and it says that you must meet all other requirements. Since the 5 yr as a PR rule is a separate requirement, I would think that you would have to meet that before you can file for N400 ?
Can anyone verify whether we can really file N400 4 yrs and 9 months after becoming PR ? Any links would be appreciated. Or had anyone applied after 4 yrs and 9 months and passed the interview successfully.
Click to expand...

As long as all other requirements are met you can apply 4 yr 9 mos. It is assumed that you will complete 5 yrs bec it takes more than 3 months to get your case processed
 
You have to meet BOTH the conditions. Infact just to elaborate the rules...

1. You must have been a PR for 5 years (AT LEAST).

2. You must have been PHYSICALLY present in the US for 30 months in the past 5 years.

3. You must not have been out of US for more than 1 year.

4. If u were out of US for more than 6 months but less than 1 year, u must show u did not break ur CONTINOUS RESIDENCE.

I have friends who have been PRs ( Green Card Holders ) for 15 years, but still havent met the continous residence requirement, as they have been frequently traveling out of US, thus breaking the CONTINOUS RESIDENCE rule.
 
Most people seem to think that N400 can be filed 4 yrs and 9 months after becoming PR. But When I read guide to naturalization, it only lets apply 90 days before you meet the "continuous residence" requirement. and it says that you must meet all other requirements. Since the 5 yr as a PR rule is a separate requirement, I would think that you would have to meet that before you can file for N400 ?
Can anyone verify whether we can really file N400 4 yrs and 9 months after becoming PR ? Any links would be appreciated. Or had anyone applied after 4 yrs and 9 months and passed the interview successfully.
 
manish22 said:
But When I read guide to naturalization, it only lets apply 90 days before you meet the "continuous residence" requirement. and it says that you must meet all other requirements. Since the 5 yr as a PR rule is a separate requirement, I would think that you would have to meet that before you can file for N400 ?
Click to expand...
Applying for citizenship and becoming a citizen is not the same thing. They allow you to apply 90 days in advance of the 5-year mark, so some of the processing can be completed ahead of time. But you cannot actually become a citizen until completing the full 5 years. By the time all required steps have been completed, you will have equaled or went beyond 5 years.
 
basaula2000 said:
Most people seem to think that N400 can be filed 4 yrs and 9 months after becoming PR. But When I read guide to naturalization, it only lets apply 90 days before you meet the "continuous residence" requirement. and it says that you must meet all other requirements. Since the 5 yr as a PR rule is a separate requirement, I would think that you would have to meet that before you can file for N400 ?
Can anyone verify whether we can really file N400 4 yrs and 9 months after becoming PR ? Any links would be appreciated. Or had anyone applied after 4 yrs and 9 months and passed the interview successfully.
Click to expand...

Since you're quoting the OPs question from 2005, I take it the previous answers weren't clear.
The 90 day rule allows you to file up to 90 days before you have 5 years of continuous residence as a LPR. This is a filing rule, not a naturalization requirement. For naturalization, you must be a LPR for 5 years by oath time.
 
Calculating the date

Assuming you meet all the requirements, whats the safest earliest date to file for the application.

My PR date is 12/12/2004. I just cant wait, the wait seems too longgggggggggggggggggggggggggggggggg
 
400 said:
oops I messed up.its 12/17/09..so tomorrow?
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No. 90 days before December 17 is September 18. But it is inadvisable to apply exactly on that 90th day, because sometimes USCIS miscounts by 1 or 2 days and rejects the application without an interview. Send it in on Monday the 21st and that will give a buffer of a few days to protect yourself from their mistakes.
 
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