Typical question of "When can I apply"

N

newjersey_dude

Registered Users (C)
Folks, sorry if I am repeating this question, but I need clarity here please.

I got GC on 12/22/04 and since then I had visited my home country 2 times for 1.5 months and 1 time for 3 months. Besides this, a trip of europe for 15 days and couple of 2 days trips to Canada were made too.

By 90day rule, I should be able to apply on 23rd Sept 09. My qn is, do I need to add all the time spent (above) out of usa to it and hence apply late sometime in Mar or Apr 10? Or I can apply on 23rd Sept based on 90day rule? Will I run into any problems answering why I was out of country etc?
 
You can apply 90 days before. No need to wait. Realistically, it is better to apply 85-88 days before just in case your counts are not exact.

The trips are not big, and you should not have to explain unless they were back to back and adding up to nearly 6 months in a single 12 month period.
 
If you have taken trips long enough to break continuous residence, they don't simply add on the length of the trips onto the 5 years, they RESET the 5-year clock to start at the end of the last long trip.

But if your trips are not long enough to affect continuous residence, your 5 years ends at the same date as if you never took any trips. And that is how it is in your situation.
 
sanjoseaug20 said:
You can apply 90 days before. No need to wait. Realistically, it is better to apply 85-88 days before just in case your counts are not exact.
Click to expand...
We can make sure our own counting is exact by using a computer to count the days. For example, using this site: http://www.timeanddate.com/date/duration.html

The reason for waiting until 85-88 days (or later) is to protect oneself from miscounting by USCIS. Sometimes they miscount by 1 or 2 days and wrongly reject the application without an interview.
 
I think you are safe to mail the petition anytime after Sep 29th 2009. Short trips no matter how many times do not effect your eligibility towards filing N-400 form 90 days before 5 year GC anniversary.
 
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