Confused N400 eligibility question

[Darkarma 2]

Dear All,

I am a PR from 10/06/2005, i calculated that i am eligible for citizenship from 07/09/10 as that date was 89 days before (according to wolfram alpha computation), then i sent my application today so that USCIS receives it on 07/09/10.

When i manually calculated 07/09/10 is right on the 90th day. Thus USCIS will receive my app on the 90th day prior to my PR day. My question is, is this OK, that the application is received on the 90th day before 5th year of PR anniversary.

When does USCIS calculate the 90 day rule, i.e. from the time they received the application or from the Priority date generated?

Thanks all.

[payxibka 10,047]

Dear All,

I am a PR from 10/06/2005, i calculated that i am eligible for citizenship from 07/09/10 as that date was 89 days before (according to wolfram alpha computation), then i sent my application today so that USCIS receives it on 07/09/10.

When i manually calculated 07/09/10 is right on the 90th day. Thus USCIS will receive my app on the 90th day prior to my PR day. My question is, is this OK, that the application is received on the 90th day before 5th year of PR anniversary.

When does USCIS calculate the 90 day rule, i.e. from the time they received the application or from the Priority date generated?

Thanks all.

application window opens on day 90.... the date they will use is the date they open the file and enter it in the system... which could be the same day they receive it or if received on the weekend, then the earliest it would be opened will be the next business day. So if your file is delivered on Saturday the 10th, I would expect a date not earlier than the 12th

Edited July 8, 2010 by payxibka

[Darkarma 2]

Thanks for the reply, the application is going to be delivered on the 9th of july. That according to my manual calculation is the 90th day before my GC day. I made a wrong calculation and thought it was 89th day. So according to you the receipt day is the day they calculate the 90 days eligibility?

[payxibka 10,047]

Thanks for the reply, the application is going to be delivered on the 9th of july. That according to my manual calculation is the 90th day before my GC day. I made a wrong calculation and thought it was 89th day. So according to you the receipt day is the day they calculate the 90 days eligibility?

is my understanding

[Brother Hesekiel 2,236]

Why not wait 2, 3, 4, or even 7 days longer, after all that time, just to play it safe? Would it have made any difference to your life as you know it?

[CaptainPenguin 5]

I am actually rather confused about the 90 day rule as well, but I will give you my input and my experience.

It seems like you are filing based on five years as a permanent resident, just like I did a few months back.

Being unsure of how the 90day rules worked, I called up the USCIS, three times, to verify the facts and every time they told me the same thing. The same thing that the instruction PDF says, you may apply 90 days before you meet the continuous residence requirement (ie. 3 or 5 years as a permanent resident without leaving for 6 months or more), but at that date every other requirement must be met. Three times I described my case and they responded with a question, "what about your time as a permanent resident, do you have your five full years ?" upon responding "no, that will be fulfilled when the 90 days expires as well" they advised me to not apply until I had my five years because my application would either be rejected or put on hold.

[warlord 73]

Yes it's always best to wait about a week after that 90 days to apply. Many people confuse 90 days with 3 months which is not the same. Also people have been denied and had their information sent back when recieved on the exact 90th day as well. Best is to wait. I waited I think a week before applying and that was better then having it sent back and delaying me a few weeks in the long run...

[v333k 59]

I think you will be fine... however, these days USCIS is processing application sometimes quicker than 90 days and some people end up waiting to take their oath since their 5th year anniversary has not been passed....

Just as Bob said - you've waited 5 years for this, 1 or 2 more days wouldn't have made a difference.

However, as I said, I think you will be fine unless USCIS calculates the 90 days window as (date of residency - 90 + 1) just like in math when asked how many points are there between 0 and 10 and the answer is 10 - 0 + 1 which is 11.

but I highly doubt that they reach this level of math

[Darkarma 2]

Thanks all who replied.

I understand waiting for a few days does not make any difference, i had handed my application to my secretary to be sent by fedex ground, the transit times from Chicago to Arizona is 4 days, i sent it on 07/07/10 thinking that it will be received on 07/12/10.

We send a lot of fedex from the office, thus the FEDEX guy seeing my personal cargo, accepted it sent it by 2 day post, even waiving off the fees of $20.84, thereby making it free, they thought they are doing me a favor.

This was not what i originally expected. Anyways by the time i was notified, the packet had already left the FEDEX office and enroute. It is very difficult to stop the package once it has left. I am actually happy that FEDEX did'nt overnite it or else i was doomed for sure :-)

anyways the total days between 07/09/10 - 10/05/10 is 89 days

between 07/09/10 - 10/06/10 is 90 days.

so going by the USCIS rules of applying 90 days before GC anniversary, 07/09 can either be the 89th or 90th day according to the calculation above.

So am i okay? this is what i want to know.

Thanks all.

Edited July 9, 2010 by ravi_niu

[CaptainPenguin 5]

Thanks all who replied.

I understand waiting for a few days does not make any difference, i had handed my application to my secretary to be sent by fedex ground, the transit times from Chicago to Arizona is 4 days, i sent it on 07/07/10 thinking that it will be received on 07/12/10.

We send a lot of fedex from the office, thus the FEDEX guy seeing my personal cargo, accepted it sent it by 2 day post, even waiving off the fees of $20.84, thereby making it free, they thought they are doing me a favor.

This was not what i originally expected. Anyways by the time i was notified, the packet had already left the FEDEX office and enroute. It is very difficult to stop the package once it has left. I am actually happy that FEDEX did'nt overnite it or else i was doomed for sure :-)

anyways the total days between 07/09/10 - 10/05/10 is 89 days

between 07/09/10 - 10/06/10 is 90 days.

so going by the USCIS rules of applying 90 days before GC anniversary, 07/09 can either be the 89th or 90th day according to the calculation above.

So am i okay? this is what i want to know.

Thanks all.

Only the USCIS knows for sure, but if they cashed your check, in most cases you will be just fine.