Early filing date based on 90 days rule

[genc]

Can anyone explain this:

Got Permanent Residency on April 11th 2011
Applied for naturalization and case was denied because I have stayed 7 months in 2011 outside USA and did file taxes for that year.
I entered U.S. on February 1st 2012 and did not take any trip more than 6 months. Can I reapply based on 3 months rule, technically on November 3rd 2016 or should I wait until February 2nd 2017.

Thanks,

 

[newacct]

Yes, you can file up to 90 days before you meet the 5 year continuous residence requirement, so if your continuous residence to have started on Feb 1 2012, then you can file starting Nov 3, 2016.

(P.S. There is also debate about whether the 4 year + 1 day rule applies to absences of between 6 months and 1 year, and if it does, then you could have probably filed even earlier. But that is moot now.)

 

[genc]

Yes, you can file up to 90 days before you meet the 5 year continuous residence requirement, so if your continuous residence to have started on Feb 1 2012, then you can file starting Nov 3, 2016.

(P.S. There is also debate about whether the 4 year + 1 day rule applies to absences of between 6 months and 1 year, and if it does, then you could have probably filed even earlier. But that is moot now.)

Thank you. I have had an appointment today with USCIS infopass. The officer (the same who took me in my first interview) told me that you can apply by law, but he suggested me to apply on February 2nd. Don't know why he told me so.