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benicio     10/14/2019 17:55 PM
 


Since I broke the continuous requirement, I am about to file with 4 years + 1day rule. Does anybody know if I still can take into account the 90 days grace period or do I just need to wait for the 4 years? 4 years in my case would clock in January 2020.
Thank you in advance anyone can help me.

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n400questions     10/14/2019 19:25 PM
 


This is 2 posts in one day struggling with the 4 years and a day rule

The other one is here (on the forum side of this website):
https://www.immihelp.com/forum/usa-citizenship/711245-citizenship-application-4-year-1-day-rule-or-not-needed

I am slightly confused whether the 4 plus 1 rule requires you to first be denied or not.
The wording of that rule is hopeless.

Do you know FOR CERTAIN if it applies for all people.. or only those who have been denied previously?

If so.. where did you get the information from?

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n400questions     10/14/2019 19:28 PM
 


BTW.. if you go to file online... there is a date calculator that tries to tell you if you are filing too early.
Give it a whirl and see what it says.. it should tell you if you can or cannot apply on a particular date.

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benicio     10/14/2019 20:48 PM
 


I tried the one on this website

https://www.immihelp.com/us-citizenship-eligibility-calculator/citizenship-calculator

but it doesn't take into account the continuous residency requirement. In fact, it seems I am eligible while I am not!

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benicio     10/14/2019 20:30 PM
 


My lawyer didn't even mention the need to be denied first. He just said that it's no guaranteed it will work since it's not a law but a rule. Not sure what he meant but I will find out more next time I'll meet him.

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n400questions     10/14/2019 21:26 PM
 


Well... the USCIS clearly have to obey the laws. However, they also have to follow their published rules too. The rules are in the USCIS policy manual to train and guide the adjudicators... so they should be followed.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

I wonder if your attorney has actually got any real-world experience with non-vanilla cases.
How can you know? (rhetorical question).
If he's not confused or concerned by the talk about denials.. maybe he should be.
$0.02

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n400questions     10/14/2019 21:20 PM
 


The USCIS calculator should (hopefully) be smarter than the one you tried.

It tries to detect if you are applying too early or not.

If it has ANY value whatsoever.. it really should be smart enough to know about the USCIS rules for 4 years and a day.

No guarantees... but worth checking it out.

Judging by the rest of the USCIS software.... I wouldn't bet the farm on it's accuracy.

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benicio     10/15/2019 19:20 PM
 


I am switching to another lawyer indeed... I don't get if the '90 days before the requirement' applies or not in 4years + 1-day rule. And he is really not helping me much.
Thank you for your advice, very much appreciated.

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