Unique N-400 Question (Help appreciated)

[EspoMan]

Well before I start with my questions, I want to say Happy new year to everyone.

OK on to my situation.

On July 31st, 2007 I was approved for a conditional green card based on marriage. A little over a year after getting married my ex wife and I had a lot of problems with our marriage and we decided to get divorced. I filed for the I-751 on my own and was able to get the conditions removed. I was actually approved for it in under 2 months which I thought was awesome (I got my 10 year GC shortly after). So if I understand correctly, if I would have stayed married I would have been able to apply for USC, 3 years minus 90 days after getting my original GC (July 31st, 2007) but since I got divorced I now how to wait the 5 years minus the 90 days.

Under normal circumstances this is not a huge deal waiting since I am really close to being able to apply for USC, which I think is the first week of May 2012 if I am not mistaken? But here is my issue. I have wanted to be in law enforcement since the day I could remember. I am ready to go, I have everything lined up to start the process with various agencies but the only problem is that all law enforcement agencies in CA require that you are a USC in order to be able to become a full sworn law enforcement officer. But I can actually apply for a job and start the process as soon as I start my N-400 process with USCIS. This is quoted straight from LAPD's website regarding employment.

"The City of Los Angeles requires that a Police Officer candidate be a United States citizen, or that a non-citizen be a permanent resident alien who, in accordance with the requirements of the U.S. Citizenship and Immigration Services (USCIS), is eligible and has applied for citizenship.

During the selection process, each non-citizen is required to prove that USCIS accepted his/her application for citizenship prior to the date the Police Officer written test was taken.

California State law requires that citizenship be granted within three years after the employment application date. For information regarding citizenship requirements, contact the USCIS. "

I have spoken to various officers who work for LAPD who stated that all I need to start my process with them is to have the receipt that you get from USCIS stating that I am in the process for N-400. I have spoken to a lawyer who stated I can actually apply 6 months before my 5th year which I know is incorrect. But I wanted to know, what would happen if I were to apply in February for USC instead of waiting till May? The only reason for my rush is that a lot of local law enforcement agencies are going through a lot of hiring now but in the next 2 to 3 months may stop because of the overload of applicants. Right now would be ideal for me to get my process going with various agencies and all I need is proof that I applied for N-400. I have 3 years after I get hired to get my USC, which I know should not be a problem since I have never left the country in the last 10 years and obviously my background is clean. Any help on this matter would be greatly appreciated.

God bless..

 

[Jackolantern]

Almost every time when people apply before the 5-years-minus-90-days cutoff (or 3 years minus 90 if applicable), USCIS doesn't give any receipt notice ... they promptly reject the application and send back everything.

There will be a small percentage of too-early applicants whose cases reach all the way to the interview stage and then the interviewer realizes the application was submitted too early and the case is ultimately denied. However, in all the cases I've read of where that happened, the application was filed just barely too early, like 1 or 2 days too early. If you're filing 2 or 3 months too early, it would be blatantly obvious to USCIS that you applied too early and it's 99.999% sure that it will be rejected up front.

Also notice the condition you quoted "is eligible and has applied for citizenship". If you apply in Feb you won't be eligible. I would expect them to have a lawyer who does a review of such eligibility, in order to eliminate those who frivolously apply for citizenship, or at least have some sort of process for you to later demonstrate that you either have an ongoing citizenship case or it's been approved. The intention of the 3-year grace period is not for allowing ineligible people to apply for citizenship and get rejected and reapply over and over; it's to make an allowance for people whose citizenship cases may be pending for a couple of years.

 

[EspoMan]

Almost every time when people apply before the 5-years-minus-90-days cutoff (or 3 years minus 90 if applicable), USCIS doesn't give any receipt notice ... they promptly reject the application and send back everything.

There will be a small percentage of too-early applicants whose cases reach all the way to the interview stage and then the interviewer realizes the application was submitted too early and the case is ultimately denied. However, in all the cases I've read of where that happened, the application was filed just barely too early, like 1 or 2 days too early. If you're filing 2 or 3 months too early, it would be blatantly obvious to USCIS that you applied too early and it's 99.999% sure that it will be rejected up front.

Also notice the condition you quoted "is eligible and has applied for citizenship". If you apply in Feb you won't be eligible. I would expect them to have a lawyer who does a review of such eligibility, in order to eliminate those who frivolously apply for citizenship, or at least have some sort of process for you to later demonstrate that you either have an ongoing citizenship case or it's been approved. The intention of the 3-year grace period is not for allowing ineligible people to apply for citizenship and get rejected and reapply over and over; it's to make an allowance for people whose citizenship cases may be pending for a couple of years.

Thank you for the quick reply. Based on the information provided in your reply, I am going to take your advice and wait till I am eligible to apply for USC. Once I apply for USC in May (when im eligible) how long does it take for USCIS to send me the receipt?

 

[X3-T]

Thank you for the quick reply. Based on the information provided in your reply, I am going to take your advice and wait till I am eligible to apply for USC. Once I apply for USC in May (when im eligible) how long does it take for USCIS to send me the receipt?

I received the official Notice of Action 8 days after USCIS received the application. (See timeline below.)
You can also check different timelines on people's signatures under the specific month tracker threads to have a better idea. Good you decided to wait, smart decision. I've read several cases here on denials due to as little as 1 day early applicants.

 

[BigJoe5]

Thank you for the quick reply. Based on the information provided in your reply, I am going to take your advice and wait till I am eligible to apply for USC. Once I apply for USC in May (when im eligible) how long does it take for USCIS to send me the receipt?

If you include form G-1145, you can get an e-mail/text notice shortly after data entry of the N-400.

That said, ask the police authorities if they will accept an N-300 "Declaration" for test taking/application purposes? The worst they can do is say no.