when can I apply and the "90 day in advance " rule

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I got my green card in Aug 99 so in Aug 2004 I will have five years PR.

I have no trips out more than 14 days vacation and only one of those.

I am trying to establish percisely when I can apply for citzenship.
Initialy I thought I could apply 90 days before my 5 years of PR are up but a closer reading make me think:

I have to satisy two requirments :
1) be a LPR for 5 years and
2) be a continuous resident ( CR) for 5 years.

I can apply 90 days before I meet the CR requirment of 5 years BUT I must still have 5 years as an LPR . So the 90 early application will not apply in my case . Is that correct.

regards
 
You can apply 90 days prior to your 5 year GC anniversary. Read continuous residence = "time as PR AND not having taken any trip > 6 months out of U.S" (Page 22, Naturalization Guide). Most N-400 applicants fall in the same category as yours and are eligible to apply 90 days prior.

The 90 days rule does not apply if you have stayed outside more than 6 months.
 
thanks for the replies ; I still have some doubts:

I see two concepts in the INS guide-

- time as permanent resident and

- time as a continuous resident.

My interpretation is that whle I can apply 90 days before meeting the continous resident requirment I still must have meet the 5 year time for permanent residence.

2 examples:
person has a greeen card for 10 years , has spent some long trips out, but in the past 4 years and 275 days has been in the US. So this person has PR for 10 years and CR for 90 days less than 5 years so they can apply.

My case in May 2004

I will have CR for 90 less than 5 years so that hurdle is cleared but I will not have PR for 5 years so that hurdle is not crossed.

Do you see the distinction I am making ?

regards
 
Where does it say that the 90 day rule does not apply to the 4 + 1 yr case? The guide to naturalization says that anybody who is applying under the Time as Permanent Resident (= 5 yrs) category can use the 90 day rule. From my understanding, the 4 +1 rule also falls in this category as it still uses the Time as Permanent Resident (= 5 yrs). Only the continous residency requirement is different in this case. I even asked my lawyer this question and he said that 90 days rule also applies to 4 + 1 yrs category. Any insights/clarifications on this?

Thanks!
 
Thanks Joef for pointing me to the relevant sections. I am not convinced however that the rules clearly mention anywhere that one CAN NOT use the 90 day rule for the 4 + 1 yr case.

The Guide to Naturalization makes a distinction between "Time as a Permanent Resident" and "Continuous Residence". Page 22 of the Naturalization Guide and the insert below says and I quote:

"If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. Citizen, you may file for naturalization up to 90 days before you meet the "continuous residence" requirements".

This leads me to believe that as long as I satisfy the "Time as a Permanent Resident", I should be able to use the 90 day rule. I agree that it is safer to wait, but the problem in my case is that I have already applied based on the 90 day rule (convinced at that time that I am eligible, based both on the Guide to Naturalization and my lawyer) and am worried that this should not become a basis for rejection. I guess, it will now depend upon INS official's interpretation of the rule.
 
Originally posted by abhp123
This leads me to believe that as long as I satisfy the "Time as a Permanent Resident", I should be able to use the 90 day rule. I agree that it is safer to wait, but the problem in my case is that I have already applied based on the 90 day rule (convinced at that time that I am eligible, based both on the Guide to Naturalization and my lawyer) and am worried that this should not become a basis for rejection. I guess, it will now depend upon INS official's interpretation of the rule.
Click to expand...

Since you have already applied, no point worrying. I have seen a case where one was penalised based on 3 months and 90 days rule. Now, it depends on INS officer. Your argument seems logical, and pray for sensible officer.

Just to make you feel at ease, there are many officers who are nice. :) . Good luck.
 
Yes, but not while applying. You are eligible for citizenship if you fulfill all the requirements. You can still apply 90 days earlier.
From INA 334:
"In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement."
Note that although it says 3 months in INA, it says 90 days in 8CFR334.2, so it is best to use the lesser value.
INA316(a) says:
"No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years"
As you can see, the 5 years as LPR is part of the continuous residency requirement, and INA 334 covers that

JOe

Regarding :

"As you can see, the 5 years as LPR is part of the continuous residency requirement, and INA 334 covers that"


I read this in 316 : After you are lawfully admitted as a PR , you must have 5 years CR to become a ctizen. THen in 334 - You can be short 90 days in CR to apply.
However- i dont infer that this means you can also be 90 days short on PR in either 316 and 334.

..are we just interpreting differently or am Imissing something.


regards
 
If you were away from the US for over 1 year

Please apply on or after 4 years and 1 day after your return. At the best case u will apply 3 years 10 months. There are previous posts (thanks JoeF) where applications have been denied or
petitioners being asked withdraw , if they dont satisfy. Again
all INS adjudicators dont always look into detail into your file.

But why take a chance, wait 10 months for an interview then
get denied then start ALL OVER again ?
 
Joe
thanks try this :

The way I see it - what you are doing is inferring that because you can apply 90 days before you met the CR requirments that this means you can apply 90 days before you meet the PR requirements.

What I read though is that the first hurdle to cross before applying is :

1) Have you been a PR for five years

then the second hurdle before applying is

2) Are you 90 days short of 5 years of CR

than you can APPLY.

I dont see that the law is treating time as a PR and time as a CR as the same as far as applying goes.The piece below only mentions CR


"In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement."


thanks
 
I guess the question is ....

Can one apply for naturalization 90 days before meeting the continuous residency (CR) as well as physical residency (PR)requirements?

CR being no stay of 6 months or more (generally) during the last 5 years. PR requiring one to be in the US for at least 2 1/2 years (added total).

Can one send in the naturalization application 90 days before meeting both the requirements? Assuming that the intention is to have the CR as well as PR requirements fulfilled by the 5 year anniversary (90 days after sending the application)?
 
Let me clearify:

There is a residence requirement (5 years) and there is physical presence requirement (30 months in the US).

What if after 57 months of being a PR, one has spent 27 months in the US can he/she file naturalization application 90 days in advance assuming that he/she is planning to be in the country for the next 3 months and has no absence of 6 months or over?
 
Joe

Ok now at least I understand why you are taking the position you are taking, based on you last response to me ie the law is quiet in the statement on CR.

On the n400 form, part 2 there is a explicit quesion:

Have you been a PR for 5 years ?

Can you still answer YES even though that will not be true when you actually apply ?

thanks
 
Joe

well I called CIS and they agree with you - they said that I can apply 90 before the 5 th anniversary of the date on my physical green card ( which is the date I became a PR)

Then I asked about the question on the form " Do i tick YES to being a PR for 5 years even though when actually applying I have not been a pR for 5 years" THe person did not know so I was put through to an immigration officer who siad that it is ok to put YES in that box.

So that great ! THat saves me 90 days ! I owe you a beer Joe.4 months to go to my application !

regards
 
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