Definitive answer on the 90-day rule?

Y

yavor75

New Member
The N-400 instructions say ``if you are applying based on five years as a lawful permanent resident or three years as a lawful permanent resident married to a U.S. citizen, you may apply for naturalization up to 90 days before you meet the "continuous residence" requirement''.

I will be applying based on 5 years as a lawful permanent residence (I got my green card through an employer).

Do I need to wait for full 5 years since the date of residence printed on my green card? Anyone who has experience, please do share!
 
You do not need to wait the full five years. Many of us did not, including me. However, be very careful not to make the bizarrely common mistake of filing too soon. There's a constant trickle of posts on this forum from people who messed up by filing 91, 92 or 93 days before the five year mark. This often leads to a denial at the interview stage, by which time you're out the filing fee and months of your time.

Here's what to do. Count back 85 days from the five-year anniversary of the date printed on your green card. (That's 85 days exactly. Do not "approximate." It's not three months). Put your application in the mail, courier service etc. on that date. This way, even if you miscount slightly, or the USCIS mailroom makes a mistake, by having given yourself five extra days inside the eligibility window, it should come out OK. And what's five extra days when you've been waiting five years already? Follow the 85 day rule, and you'll be safe!
 
yavor75 said:
Do I need to wait for full 5 years since the date of residence printed on my green card? Anyone who has experience, please do share!
Click to expand...

Under 5 year rule ,you can apply up to 90 days before you have 5 years of continuous residence as a LPR, meaning you don't necessarily have to have had your GC for 5 year when you apply.
 
Also please note that nowadays the processing is pretty quick and a lot of people were scheduled for a interview early and was not able to get approved because of being few days short and ending up losing more than what they bargained for by applying early.
If I were you I will apply at 60 days prior and avoid being hassled.
 
You can apply as early as 90 days before your 5 year GC anniversary, but you cannot complete the last step of the process (the naturalization oath) until the 5 full years are up. If you are interviewed before the full 5 years, they will put your case on hold until sometime after the 5 year mark.

Sometimes if you apply exactly 90 days before, you still get rejected because USCIS slightly miscounted the days. That's why we advise waiting a few more days after the 90-day mark to protect yourself from their potential miscounting.
 
Thanks

For those who apply early, how do you recommend the following question should be answered on form N-400:

"I have been a lawful permanent resident of the United States for at least five years."

Yes? No? Yes w/ annotation that this is less than 90 days away from becoming true?
 
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