When Will I Be Eligible to Apply ? (File N400)

S

sreeleshk

Registered Users (C)
Hi Everyone,

I am having trouble assessing my eligibility as of when I could apply (Applying at the earliest is what I intend to do if I qualify). My case is not a very typical one so I am finding it hard to get insight on the issue.
__________________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010

2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.

3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
__________________________________________________________________________________________________________________________

My Case:

I had been granted a PR on 02/20/2003. After that I had made several trips (as I was still doing my bachelor's degree in my native country).
The following are the details of my trips


02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country (got married to a citizen of my native country).
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America

I had stayed outside the country

279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.


I do not wish to make any further trips till I am granted citizenship. I already meet the 30 months stay in America (Physical Presence) but I am confused of how my 5 years CONTINUOUS RESIDENCE works out. What I have understood reading the naturalization guide is that my condition is very similar to the example scenario on page number 23 of the naturalization guide; I quote from the guide M-476,

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
“Continuous Residence” Example

• An applicant became a Permanent Resident on January 1, 1994.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
Months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364
Days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
Not.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I can relate to this example if so, will I qualify upon completing 4 years and 1 day (5 years -364 days The last 364 days the applicant was out of the United States count toward the time as a Permanent Resident in “continuous residence,” - from the above example) after my entry to America in 02/02/2006 (after which I had no trips longer than 6 months, and I do meet the 30 months stay in America). If this is the case I would be eligible by 02/03/2009. Can I apply 90 days in advance? On 11/05/2009. ?

I had 3 contradicting answers to these questions as I have stated on the top.




__________________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010

2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.

3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
__________________________________________________________________________________________________________________________


* I had never failed to file my taxes in America after becoming a Permanent Resident (My father had included me under his taxes till the year 2006, as I had no Income)

*I had not enlisted in selective services (I didn’t not know about it and I was in my native country at most of the time). Will that in anyway cause any issues in my naturalization. I am born in 1980, like I mentioned above I became a Permanent Resident when I was 23 years old, and was out of the country for other than brief amounts of time till my 26th birthday.


If I am to apply on 11/05/2009 for N400 (Naturalization) Will my case be denied or will it be rejected. Will I lose the $675.00 that I pay as the fee? Or will they ask me to wait for more time?
 
The 90-day headstart does not apply to the 4-years+1 day rule. So that would mean Feb 2010 for you.

But you probably will be denied for failing to register for Selective Service. You became a permanent resident within the 18-26 age range, so you were supposed to register (unless you are female). If you were still under 26, you could solve the problem by registering now, but it's too late for that now. They will probably deny you unless you wait until after your 31st birthday to apply.


Edit: You may have been automatically registered. Several years ago (2000 or maybe a bit earlier) they started automatically registering males between 18-26 as part of the green card process (although sometimes they forget to do this for some applicants). So find out from Selective Service if you have been registered ... you may be able to check your registration on their web site.
 
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sreeleshk said:
__________________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010
Click to expand...
The local office didn't assume 4 years + 1 day rule.

sreeleshk said:
2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.
Click to expand...
Get a new lawyer. The 90 day grace period can't be used for 4 years + 1 day rule.
sreeleshk said:
3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
Click to expand...
Correct.


sreeleshk said:
If I am to apply on 11/05/2009 for N400 (Naturalization) Will my case be denied or will it be rejected. Will I lose the $675.00 that I pay as the fee? Or will they ask me to wait for more time?
Click to expand...
You can only apply in Feb 2010. If you apply earlier you will be denied based on not meeting continuous residency requirement.

As for selective service, you will need to provide evidence that your failure to register wasn't knowingly or willfully. If you can't show that it wasn't willful or knowingly then expect to be denied.

First find out from selective service if you are registered then go from there.
 
Jackolantern said:
But you probably will be denied for failing to register for Selective Service. ... They will probably deny you unless you wait until after your 31st birthday to apply.
Click to expand...
An applicant is given the chance to provide evidence that the failure to register wasn't willful. It's not a automatic denial.



Applicants Between 26 and 31 Years of Age

A man between 26 and 31 years of age[1] who was required to register for Selective Service and who knowingly and willfully failed to register cannot demonstrate that he is eligible for naturalization. Every male naturalization applicant between 26 and 31 years of age who failed to register for Selective Service must provide evidence that his failure to register was not knowing and willful or that he was not required to register. If a male naturalization applicant between 26 and 31 years of age failed to register with Selective Service, the naturalization examination must be continued to give the applicant an opportunity to obtain evidence that his failure to register was not knowing and willful or that he was not required to register. If the applicant is unable to demonstrate that his failure to register was not knowing and willful or that he was not required to register, his naturalization application must be denied. Again, the decision must state explicitly that the INS has found that his willful failure to register with Selective Service means he cannot show that, during the requisite period before filing his application, he was not well disposed to the good order and happiness of the United States. The decision must cite § 316(a)(3).
 
Jackolantern said:
I know. That's why I wrote "probably" instead of "definitely".
Click to expand...

Probably implies a pretty good chance. Without providing the information about proving it wasn't willful or knowingly not to register, you make it sound like there is little hope for the OP, although your edited suggestion is a step in right direction.
 
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let me thank you all for helping me out here

I knowingly had not signed registered for selective services if I did I would remember, but like you advised me to check in their website I did and fortunately it shows me registered back in 2003. I do not have any document at my end to prove that so I requested it over the phone. Even if they had mailed it to me back in 2003 I wouldnt have been in America, it would have been either sent back undelivered or misplaced....


Once Again, Let me express my grattitude
 
Looks like you were automatically registered. You don't need to bring documents from Selective Service to the interview, because it is sufficient to take a printout of your registration status from their web site; the IO will accept the printout, as they can easily verify it if it is genuine.
 
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