Traveling Before Applying for Citizenship

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ak11

New Member
I came to U.S in May 2006, In May 2011 I will finish my 5 years but before that In January 2011 I'm travelling India and this is 3rd time I am going in 5 years and I stayed 2 months in each visit so will I able to apply for citizenship in April 2011.

this is my stay.
January 2007 (1st trip) [for 2 months]
October 2008 (2nd trip) [for 2 months]

and now travelling January 2011 for 2 months and I'm planing to apply for N400 in April 2011 so Is it good to apply or I crossed any staying limits ?

Please give your opinions.
 
2 Months stay is not an issue. 3 trips of 2 months, as you described, are not an issue.

You can file 90 days before you complete your 5 years. Base your calculations on the "resident since" date on your green card. Ideally, apply 85-90 days before the 5 year date to avoid any USCIS counting mistakes, and to avoid an interview before your 5 year anniversary.

If you got your GC in May 2006, you can apply in Feb-March timeframe ... depending on your exact approval date and your return from India.
 
Thanks for your advice. thank you so much. But what u trying to say "to avoid any USCIS counting mistakes, and to avoid an interview before your 5 year anniversary. " means can you explain me please. and I'm returning in second week of march so I can apply in same week right ? and how much time it takes from the day I apply ?
 
sanjose is referring to INA section 334(a) [read it for yourself] when talking about early filing. There have been many instances where people are too eager to file for naturalization and file slightly too early by as little as one day sometimes. Sometimes they claim that the immigration officer made a mistake in counting days shy of the anniversary or of physical presence.

Don't be overly eager and don't file TOO early. On the other hand, you can file slightly in advance of your 5 year anniversary of getting the greencard. Read the statute for yourself.
 
ak11 said:
Thanks for your advice. thank you so much. But what u trying to say "to avoid any USCIS counting mistakes, and to avoid an interview before your 5 year anniversary. " means can you explain me please. and I'm returning in second week of march so I can apply in same week right ? and how much time it takes from the day I apply ?
Click to expand...

Many people file exactly 90 days before the date. But then they make assumptions about a month being 30 days or 31 days, and mail it a day early. They get canned. Then USCIS might make a mistake in data entry ... they might use your signature date versus receipt date or something else. Nothing much you can do except re-file. Unless there is a hurry, you can file 2-3 days after you are allowed to.

Other factor is the speed of the region you are filing for. Some process files too quickly. Some take eons. If you are in a fast DO, you can get interviewed in 2 to 2.5 months which will put the interview before your 5 year anniversary. In those cases again the outcome is uncertain. Some IOs will hold the file till 5 years are complete. Some will hold but forget for 2-4 weeks. Some will reschedule your interview. Again, unless there is a hurry, file it a week after you are eligible to. Just improves your chances of things going in order.

Yes, you can apply as soon as you land back in US of A.

# days - read the experiences from your DO. Could be 3 months to 6 months.
 
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