Technical Question on N400 Filing (90-day early filing)

I made an error with number of months, it should be 30; not 36. my bad.
Continued residence and physical presence are two different things from USCIS perspective, to me they mean same.:)
Continued residency is "length" of residency (of course lawful) where as physical presence means just that;physically (and of course lawfully) present in US. Without maintaining contnued residency, one cannot be phyically present; and without physically being present, cannot claim continued residence. This again has lot of exceptions like working for an US research firm/institution, etc. Bottomline is that contnued residency can still be maintained under some exempted and approved circumstances but not may be physical presence of 30 months out of 5 years or 3 years (what ever the case may be).
The guide clearly says that one may apply for naturalization benefits 90 days prior to meeting continuous residence only and meet all other eligibility requirements (like physical presence?) :)
And of course, all this is based on assumption that one already has LPR/GC for the last 5 years and still maintained Continued residency and physical presence requirements, along with other things like good moral character (again debatable).
We can always debate "attachment to the constitution" : is attachment to all parts of constituition or only few selected parts of constituition?
in my opinion : One cannot arbitrarily/randomly select few amedments or few rules and debate; in sequential process of law, either all inclusive discussion is needed or none. that's again my opinion/perspective.
 
The guide clearly says that one may apply for naturalization benefits 90 days prior to meeting continuous residence only and meet all other eligibility requirements (like physical presence?) :)
Physical presence requirement must only be met up to application date, whereas continuous residency must be met up until oath.
And of course, all this is based on assumption that one already has LPR/GC for the last 5 years and still maintained Continued residency and physical presence requirements, along with other things like good moral character (again debatable).

Not sure what you mean by debatable as INA 316 is clear of the requirements.
 
Physical presence requirement must only be met up to application date, whereas continuous residency must be met up until oath.

I met my physical presence in July, and meeting my 4 year + 1 day (as i am eligible by 4year and 1 day rule) on the 3rd of FEB 2010.

Bob, If it takes 4 months, from the date of the application, to the date of the oath, interpreting what you have stated above, can i apply in advance (right away ) as by the time of the oath, i would have met the continuous residency criteria.

what i understand from your state ment is,

you just need to meet the 30 months physical presence before the application date
and physical presence criteria to be met before the oath.


is my interpretation wrong? any thoughts? please advise
 
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I met my physical presence in July, and meeting my 4 year + 1 day (as i am eligible by 4year and 1 day rule) on the 3rd of FEB 2010.

Bob, If it takes 4 months, from the date of the application, to the date of the oath, interpreting what you have stated above, can i apply in advance (right away ) as by the time of the oath, i would have met the continuous residency criteria.

what i understand from your state ment is,

you just need to meet the 30 months physical presence before the application date
and physical presence criteria to be met before the oath.


is my interpretation wrong? any thoughts? please advise

In the last 5 years leading up to your eligible application date (Feb 3rd 2010) you must have at least 30 months of physical presence in the US (which you already have), and you must maintain continuous residency up until oath.
Normally you would also need to have 5 years of continuous residency before you can apply. However, in your case you had broken continuous residency with your trip of more than 1 year. Fortunately,USCIS credits 364 days of the stay over 1 year towards continuous residency, thereby allowing you to apply 4 year +1 day after your trip over 1 year.
 
In the last 5 years leading up to your eligible application date (Feb 3rd 2010) you must have at least 30 months of physical presence in the US (which you already have), and you must maintain continuous residency up until oath.
Normally you would also need to have 5 years of continuous residency before you can apply. However, in your case you had broken continuous residency with your trip of more than 1 year. Fortunately,USCIS credits 364 days of the stay over 1 year towards continuous residency, thereby allowing you to apply 4 year +1 day after your trip over 1 year.

Bob, can i apply right away, as the 30 months is met, and by the time of the oath (4-5 months time) i would cmplete the 4 years and 1 day ? as i am just short of 60 days , and oath will be atleast 150 days from now. please advise
 
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