Applying for N-400 while still out of US

V

vic

Registered Users (C)
I'm posting this for a friend of mine.

His parents are eligible to apply for CZ. His parents will be out of US until Feb. 2006 (less than 6 months from the time they last departed US) and he was wondering if they can apply 1-2 months before they actually come into the US to save some processing time? Or do they need to be in US for atleast 90 days before they can apply? Or they have to be in the US to apply? Or both - be in the US and have stayed the last 90 days to apply? BTW, they have been living with my friend on and off for the past 7-8 years.

Thanks in anticipation of your response.
 
vic said:
I'm posting this for a friend of mine.

His parents are eligible to apply for CZ. His parents will be out of US until Feb. 2006 (less than 6 months from the time they last departed US) and he was wondering if they can apply 1-2 months before they actually come into the US to save some processing time? Or do they need to be in US for atleast 90 days before they can apply? Or they have to be in the US to apply? Or both - be in the US and have stayed the last 90 days to apply? BTW, they have been living with my friend on and off for the past 7-8 years.

Thanks in anticipation of your response.
Click to expand...

You don't have to be physically present in the US for 90 days immediately prior to application - the 90 days rule relates to residence in a state NOT physical presence. I presume his parents stayed in the same state with their son all this time so they have already established residence in the state much longer than 90 days ago.

I am not sure if one needs to be physically in the US when applying though ...
 
Thanks wafr.

Can someone tell me if one can file N-400 while still out of US?
 
FYI, I got my citizenship a week ago. I applied from abroad with an approved N-470. My interview and oath were on the same day at the San Francisco USCIS office. Mine was an administrative oath in front of a USCIS official in his office.

Bottom line:

1. If you have an approved N-470, and have accumulated the required physical residence, you CAN apply from abroad.
2. When applying, you can submit fingerprints on the FBI FD-258 cards and save a trip to the US for biometrics. I did not do this myself as I was not aware this was possible.
3. The 90-day residence requirement is NOT for the 90 days immediately preceding the filing of the N-400. Basically, you should have resided in that district for that period at SOME time in the past.
4. USCIS takes the view that an approved N-470 preserved BOTH continuous residence in general AND residence in the last district you lived in before leaving the US.
 
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