Question about "continuous residence" concept for N-400 filing date

J

jango64

New Member
Good afternoon to the community.
My question is quite specific and I have not yet found an answer in forums and immigration websites.

I want to determine the earliest date I can file for naturalization for my specific case. I was admitted LPR on 02/06/2016 (“Resident Since” date on my GC) when I activated my Diversity Green Card (Lottery) during an “activation” trip (first time I entered the US with my newly approved Green Card). I spent one week in the US on temporary housing for this activation trip, then moved back in Europe to prepare my final move until 5/5/2016 (less than 3 months after) at which time I travelled back to establish myself for good in the US. I meet all other N-400 basic requirements, including physical presence > 30 months.

My question is therefore:
  • Can I already file my N-400 under the 90 days Early Filing rule since 11/06/2020 (90 days before my 5th LPR anniversary) ?
  • Or, would USCIS consider that my “continuous residence” starts instead on 5/5/2016 and therefore the 90 days Early Filing rule for me would start on 02/05/2021 (90 days before my 5th year anniversary of "continuous residence" start date) ?

Thanks for your help
 
If no single absence was 180 days or longer, which is what I understand is your case, you can apply 90 days before the 5-year anniversary of the “resident since” date on your green card.

Tip: make it 88 days if you file online, some people have reported system glitches that lead it to being marked as submitted a day early and hit problems at interview.
 
Yeah don't cut it close. USCIS have been known to make mistakes and reject based on filing date. If you're not in a hurry, even consider using the final move date as your start date, just to be safe. No harm in that if you don't urgently need citizenship.
 
Thanks cafeconleche. I finally decided to apply, though the opinions I collected were mixed. I did not have a “life or death” emergency to get naturalized but given the backlog/processing times where I live (NYC) and a few other reason, I made the decision to apply within the 90 days window of the “LPR since date” anniversary. I hope it will work. Based on your experience, if the N400 got denied for this reason would it be ahead of the interview, relatively soon ? Or rather likely during the interview ? The sooner the better obviously if I can re-apply thereafter..
 
jango64 said:
Thanks cafeconleche. I finally decided to apply, though the opinions I collected were mixed. I did not have a “life or death” emergency to get naturalized but given the backlog/processing times where I live (NYC) and a few other reason, I made the decision to apply within the 90 days window of the “LPR since date” anniversary. I hope it will work. Based on your experience, if the N400 got denied for this reason would it be ahead of the interview, relatively soon ? Or rather likely during the interview ? The sooner the better obviously if I can re-apply thereafter..
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Denial can only take place at interview. But you were out way less than 6 months, I cannot see any reason for denial based on absences from what you described.
 
Just by the way: uscis does not recognize the concept of an “activation trip” in any of its evaluation. Your LPR status begins on the day you enter on your immigrant visa. Continuous residence clock will only start on a later date if you spent more than 180 days outside of the US, then it begins the day you return.
 
Thanks Susie, so based on this I should be fine since I returned only 81 days after I left the US at the end of my “activation trip” which was 6 days after my LPR admission. I should be confident, but will keep you posted (won’t know for month if not years in NYC!!). Thanks both for your help.
 
jango64 said:
Thanks Susie, so based on this I should be fine since I returned only 81 days after I left the US at the end of my “activation trip” which was 6 days after my LPR admission. I should be confident, but will keep you posted (won’t know for month if not years in NYC!!). Thanks both for your help.
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If it’s any consolation I got my n400 approved with a much longer absence in my “activation trip”, and know of a few others the same, one or two bumping right up against the 180 day mark. I honestly don’t see any issues (obviously assuming no other long absences later either).
 
That’s indeed very reassuring since I have no other subsequent absences of more than 3 weeks during the rest of the time until my application
 
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