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N-400 90 day rule confusion

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Filed: Timeline

Hello,

N-400 states that one can apply for naturalization up to 90 days before meeting the continuous residence requirement. I'm currently in the process of applying 2 months before my 5 years is up. (So I'm OK) But, I'm not sure which option I need to choose between the following two listed on the application:

"I have been a Lawful Permanent Resident of the US for at least five years." --> Is the answer to this question "Yes" for people applying in the 90-day window? In my case, this is not technically true at the time of the application since the answer is 4 years and 10 months.

Other (Please explain): --> Is this a better option to check and mention the 90-day rule??

Also, the application has two questions in the "Time outside the US section":

-How many trips of 24 hours or more have you taken outside of the United States during the past five years?

-List below all the trips of 24 hours or more that you have taken outside of the United States since becoming a Lawful Permanent Resident

I have taken a trip outside the US before becoming a permanent resident which was technically in the last 5 years. Do I include that trip? (it was actually for consular processing.)

Thank you very much for your help.

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Filed: Lift. Cond. (pnd) Country: India
Timeline
Hello,

N-400 states that one can apply for naturalization up to 90 days before meeting the continuous residence requirement. I'm currently in the process of applying 2 months before my 5 years is up. (So I'm OK) But, I'm not sure which option I need to choose between the following two listed on the application:

"I have been a Lawful Permanent Resident of the US for at least five years." --> Is the answer to this question "Yes" for people applying in the 90-day window? In my case, this is not technically true at the time of the application since the answer is 4 years and 10 months.

Other (Please explain): --> Is this a better option to check and mention the 90-day rule??

Also, the application has two questions in the "Time outside the US section":

-How many trips of 24 hours or more have you taken outside of the United States during the past five years?

-List below all the trips of 24 hours or more that you have taken outside of the United States since becoming a Lawful Permanent Resident

I have taken a trip outside the US before becoming a permanent resident which was technically in the last 5 years. Do I include that trip? (it was actually for consular processing.)

Thank you very much for your help.

I would check the option for 5 year and not mention anything about 90 day rule. USCIS is aware of the 90 day rule. For trips, I included all the trips in last 5 years including the time when I was on F1 visa.

----- I-751 -----

Mailed to NSC: 04/29/07

NOA: 05/03/07

Biometrics: 05/31/07

Transferred from NSC to CSC: 04/01/08

Card Production ordered: 05/09/08

10 yr GC received: 05/16/08

----- N-400 -----

Mailed to NSC: 04/29/08

Priority Date: 05/01/08

NOA: 05/06/08

1st Biometric date: 05/22/08 - Missed due to work travel

Biometrics: 05/28/08

Interview: 07/17/08

Oath: 08/29/08 : Missed due to my vacation plans

Oath: 09/26/2008 : Hooray, citizen of this country

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Filed: Citizen (apr) Country: Colombia
Timeline

"I have been a Lawful Permanent Resident of the US for at least five years." --> Is the answer to this question "Yes" for people applying in the 90-day window? In my case, this is not technically true at the time of the application since the answer is 4 years and 10 months.

You shouldn't have a problem with that as you are sending your application up to 90 days before the fifth anniversary of your five year resident, just answer yes.

Other (Please explain): --> Is this a better option to check and mention the 90-day rule??

-How many trips of 24 hours or more have you taken outside of the United States during the past five years?

Ha, always a problem for those that live across the street from Canada or Mexico, and in your case, since you are applying with the five year eligibility since receiving your permanent resident card, you don't have a problem with this. But that little box that asks the number of days you have been out of the country should be the total number of days you were out with that list below.

-List below all the trips of 24 hours or more that you have taken outside of the United States since becoming a Lawful Permanent Resident

I have taken a trip outside the US before becoming a permanent resident which was technically in the last 5 years. Do I include that trip? (it was actually for consular processing.) This you don't have to list, falls outside of that time frame from your fifth anniversary date.

Thank you very much for your help.

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Filed: Timeline
"I have been a Lawful Permanent Resident of the US for at least five years." --> Is the answer to this question "Yes" for people applying in the 90-day window? In my case, this is not technically true at the time of the application since the answer is 4 years and 10 months.

You shouldn't have a problem with that as you are sending your application up to 90 days before the fifth anniversary of your five year resident, just answer yes.

Other (Please explain): --> Is this a better option to check and mention the 90-day rule??

-How many trips of 24 hours or more have you taken outside of the United States during the past five years?

Ha, always a problem for those that live across the street from Canada or Mexico, and in your case, since you are applying with the five year eligibility since receiving your permanent resident card, you don't have a problem with this. But that little box that asks the number of days you have been out of the country should be the total number of days you were out with that list below.

-List below all the trips of 24 hours or more that you have taken outside of the United States since becoming a Lawful Permanent Resident

I have taken a trip outside the US before becoming a permanent resident which was technically in the last 5 years. Do I include that trip? (it was actually for consular processing.) This you don't have to list, falls outside of that time frame from your fifth anniversary date.

Thank you very much for your help.

Thank you,

So If I understand you correctly, for someone applying in the 90-day window, the sum of the days listed for the trips since becoming a permanent resident should equal the total number of days spent outside the US in the last five years. This would mean that I would not need to include my trip for consular processing which was right before becoming a permanent resident, but less than 5 years ago?

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