I was looking into the early filing requirements for N400 and the instructions got me thinking -
Here's is what the N400 instruction say:
If you are applying based on five years as a Lawful Permanent
Resident or based on 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. You must meet all other requirements
at the time that you file your application with us.
There are two separate requirements for naturalization eligibility -
1. Be a permanent resident for X years
AND
2. Have continuous residence for X years
Now, according the instructions, you can file up to 90 days before you meet the "continuous residence" requirement, and you MUST meet all other requirements AT THE TIME OF FILING.
Now, take this for example (5 year requirements)
: Joe has been a permanent resident for 7 years. However, he stayed outside of USA for 9 months on his 6th year. So, he broke the continuous residency requirement. Joe now meets the requirement 1 but not requirement 2. But one thing for sure is, on any day within the 90-day period immediately before he meets the requirement 2, he will also be meeting the requirement 1. So, he can file early given all other requirements are met.
Now, Here's John. John got his GC on May 5, 2007. He has not broken his continuous residence. So, he will meet requirement 2 on May 4, 2012. He will also meet requirement 1 on the same day (May 4, 2012).
If you read the instruction carefully, John is NOT eligible to file up to 90 days BEFORE May 4, 2012 because he will not have met the requirement 1 before May 4, 2012, and John MUST meet all other requirements AT THE TIME OF FILING, which also mean requirement no. 1.
If that is true, how is it that hundreds and hundreds of people here filed N400 before they even met requirement 1? We generally advise that you can file up to 90 days before your 5 year anniversary (or 3 year with usc wife). Is that wrong?
Gurus PLEASE help me clear up my confusion.
Here's is what the N400 instruction say:
If you are applying based on five years as a Lawful Permanent
Resident or based on 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. You must meet all other requirements
at the time that you file your application with us.
There are two separate requirements for naturalization eligibility -
1. Be a permanent resident for X years
AND
2. Have continuous residence for X years
Now, according the instructions, you can file up to 90 days before you meet the "continuous residence" requirement, and you MUST meet all other requirements AT THE TIME OF FILING.
Now, take this for example (5 year requirements)
: Joe has been a permanent resident for 7 years. However, he stayed outside of USA for 9 months on his 6th year. So, he broke the continuous residency requirement. Joe now meets the requirement 1 but not requirement 2. But one thing for sure is, on any day within the 90-day period immediately before he meets the requirement 2, he will also be meeting the requirement 1. So, he can file early given all other requirements are met.
Now, Here's John. John got his GC on May 5, 2007. He has not broken his continuous residence. So, he will meet requirement 2 on May 4, 2012. He will also meet requirement 1 on the same day (May 4, 2012).
If you read the instruction carefully, John is NOT eligible to file up to 90 days BEFORE May 4, 2012 because he will not have met the requirement 1 before May 4, 2012, and John MUST meet all other requirements AT THE TIME OF FILING, which also mean requirement no. 1.
If that is true, how is it that hundreds and hundreds of people here filed N400 before they even met requirement 1? We generally advise that you can file up to 90 days before your 5 year anniversary (or 3 year with usc wife). Is that wrong?
Gurus PLEASE help me clear up my confusion.
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