Big mistake in filling for N-400??

An application for naturalization can be filed up to 3 months before continuous residency requirement has been met (INA 334, 8 USC 1445), but the guide and application instructions say 90 days before continuous residency requirement. In this respect, it is clear that USCIS sees 3 months as 90 days

90 days before 3/2/2009 is 12/2/2008 so if they received it 12/3/2008 you should be ok, depending on if the IO follows the proper guidelines. Write up a letter and reference the specific rules (INA 334, 8 USC 1445) , N-400 and M-476 instructions with the exact date you become eligible and when you filed. At the interview, present the letter to the IO and request to enter it on record as part of your application. That way you have a chance to cover yourself of any potential calculations mistakes the IO makes.
 
I will do the writing but will present it only if the IO makes an issue with the date I filed. I see you excluded 3/2 date from the count, is that how it goes?
I will appreciate any inputs.
 
so1994 said:
I will do the writing but will present it only if the IO makes an issue with the date I filed. I see you excluded 3/2 date from the count, is that how it goes?
I will appreciate any inputs.
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You exclude the date you become eligible because the rule states up to 90 days before eligibility. For example, eligibility date is 3/2, 1 day before is 3/1, 2 days before is 2/28, 3 days before is 2/27, 4 days before is 2/26 and so on until you reach 90 days before which is 12/2.
 
As per M-476, under "who is eligible for citizenship", the first two requirements in table is:

(1) 5 years as PR
(2) Continuous Residence (CR) - 5 years

Does it not mean that you cannot apply 90 days before 5 years of PR? 90 days before clause applies in case of CR.
 
It means you can apply up to 90 days before you have met both conditions: 5 years as a LPR with 5 years of continuous residency.
 
Thanks.

"PR" is for "Permanent Resident". What does "L" stands for in LPR? I tried to check FAQ for this but could not find.
 
Again, it's used interchangeably. It can be either legal or lawful. Both terms are used by DOJ to mean the same thing.
 
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