Can I file N-400 3mos. before my 5 yrs of being a green card holder?Plzzz I realy need answers..

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victoria83

Registered Users (C)
I became a green card holder May 2006 so it will be 5 years this May of 2011.. But my question is Can I file N-400 to become a Naturalized Citizen 3 months ( which is March)before my actual 5 years of being a green card holder or should I wait til May to file it? I really need some answers Please Help..
 
INA 334(a) allows you to file 3 months early

and see

8 CFR 334.2

(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.
 
I would recommend you to count 85 days before your 5 year anniversary to be on the safe side. There is some debate about it being 3 months or 90 days. I think most people say it is 90 days. All being the same, I would wait the extra 5 days to be completely on the safe side when it comes to counting days.
 
vintage85 said:
If you are applying based on 5 years as Permanent Residence or 3 years Permanent Resident married to US Citizen, you may file for naturalization up to 90 days before you meet "continuous residence" requirement and obtain US Citizenship.
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Actually, in reality, INA 334(a) is an early filing allowance prior to reaching the 5 (or 3) years "as a lawful permanent resident". It is calculated from the "resident since" date on the greencard, it is a pre-requisite to filing.

Continuous residence is a different matter but closely related requirement, while this does have to be fully in place at time of filing, it must be mainatined through Oath and can disrupted after filing.

Another related matter is the physical presence requirement which is strictly a prerequiste to be met prior to filing the N-400.
 
thank u so much 4 d replies I really really appreciate ur time.... so if I file the month of April which is a month before my 5 year continous residency can I travel abroad right after I file my N-400 application? I have a flight booked at the end of april to asia for 4 weeks so I wont be back by the second week of May, should I wait to file when I get back to the US or can I file it before my flight?
 
victoria83 said:
thank u so much 4 d replies I really really appreciate ur time.... so if I file the month of April which is a month before my 5 year continous residency can I travel abroad right after I file my N-400 application? I have a flight booked at the end of april to asia for 4 weeks so I wont be back by the second week of May, should I wait to file when I get back to the US or can I file it before my flight?
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Most people get called for a FP appointment in as little as 3 weeks. In your case, it may be the wiser choice to wait until you get back.
 
thank u so much 4 d replies I really really appreciate ur time.... so if I file the month of April which is a month before my 5 year continous residency can I travel abroad right after I file my N-400 application? I have a flight booked at the end of april to asia for 4 weeks so I wont be back by the second week of May, should I wait to file when I get back to the US or can I file it before my flight?
 
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