N-400 early filing question

[tripsul 2]

hi 

 Could you please clarify for me the early filing rule .

 

I have been a continuous resident for 11 years.

However, i don't meet the physical requirement of 2.5 years in the last 5 years yet.

So my question is can I use early filing and apply with 2.2 years of physical requirement completed or i have to wait for for 2.5 years before I can apply?

Thank you guys in advance

[xyz12345 260]

I think you can apply now. Acc to the following, you have to have 30 months physical presence before filing. Early filing is only if you don't have 3 yrs or 5 yrs as lpr, depending on N-400 basis. you've been lpr for 11 years.

 

 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

Quote

A. Physical Presence Requirement

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application. ^[1] 

 

Edited September 4, 2020 by xyz12345

[tripsul 2]

9 minutes ago, xyz12345 said:

I think you can apply now. Acc to the following, you have to have 30 months physical presence before filing. Early filing is only if you don't have 3 yrs or 5 yrs as lpr, depending on N-400 basis. you've been lpr for 11 years.

 

 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

 

The physical presence of 913 days is required in the last 5 years? This way I don't have it yet, although I am a continuous resident for 11 years. I still need about 90 more days.

 

Also, since the process takes so long now due to Covid, if I fill out now I will definetly have a physical presence requirement by time of the interview when  all my travels will be reviewed in details? Or they might deny me becuase of not completing the physical requirement at the time of the filing N400.

 

The reason I am rushing with citizenship now is:

-increased fees

-my wife and kids F2A is on hold at the embassy due to Trumps ban. It looks like Trump will get re-elected and things will only get worse with F2A and Naturalization 

 

Thank you for advice again

[xyz12345 260]

It does NOT say within 5 years It says BEFORE filing application. You have MORE than 30 months of physical presence here in the US if you've been an lpr for 11 years.

 

For a NEW lpr who has been here for ONLY 3 or 5 years, early filing matters.

in YOUR case, you had plenty of time to accumulate 30 months UNLESS you only stayed in the US LESS than 90 days in your FIRST 6 years as lpr.

 

I'd say you can apply now. Good luck and be positive!

 

 

Edited September 4, 2020 by xyz12345