filing N400 earlier than 5 years since GC receipt

gagpol

Registered Users (C)
Hello! I have received EB-1 approval in early 2005, and filed i-485 in April of 2005. However, GC was received only in May of 2007, waiting more than 2 years (not Indian or Chinese, so there was no backlog for my country)

I just read about relatively recent changes regarding FBI check - that those filed after Jan 2008, would need to wait only 180 days for that - and if not done, their 485 would be conditionally approved earlier (I couldn't post link, but googling "485 FBI Name Check Delay" or similar brings up relevant references)

What about the rest of us who waited for years prior to that law - can that time 'in-waiting' be counted toward 5 years needed before naturalization?

In other words, is there a possibility of filing N400 earlier than 5 calendar years since GC receipt? THANK YOU!!!!
 
What about the rest of us who waited for years prior to that law - can that time 'in-waiting' be counted toward 5 years needed before naturalization?
No.

In other words, is there a possibility of filing N400 earlier than 5 calendar years since GC receipt? THANK YOU!!!!
You can file the N-400 90 days before 5 years are complete, but you cannot actually be granted citizenship before the full 5 years. Or get married to a US citizen, so you can apply in 3 years. Or join the US military, and you'll be eligible for citizenship as soon as you're deployed into active duty. But no allowance will be made because of pre-GC delays, except for asylees who get a 1 year allowance towards naturalization because the law prevented them from applying for a GC for 1 year.
 
Last edited by a moderator:
Returned application

I applied may be 10 days earlier ( 100 days instead of 90 days). The application returned to me saying I applied earlier.

Nothing you will loose if you apply earlier just try and see if you want confirm the law whatever your saying.

Just extra postal fee and waiting to know what happened to your application for may be 3 weeks.
 
Nothing you will loose if you apply earlier just try and see if you want confirm the law whatever your saying.

Just extra postal fee and waiting to know what happened to your application for may be 3 weeks.
It could cost much more than that. Sometimes they cash the check without rejecting the case up front for applying too early. Then at the interview the officer notices it was applied too early and rejects the case, no refunds.
 
You may receive the physical GC months after your I-485 is approved. Your clock starts from the "Permanent Resident Since" date on your GC and not from the date your GC actually arrived in mail. What is your permanent Resident Since date?

- Edit - Nevermind, I mis-read your question...
 
Last edited by a moderator:
Top