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Early filing date vs "Have you been a LPR of the USA for 5 yrs" in N400

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  • Early filing date vs "Have you been a LPR of the USA for 5 yrs" in N400

    I am a bit confused about answering this question in N400: "Have been a lawful permanent resident of the United States for at least 5 years" ... if we use the early filing date option

    Our 5 year anniversary date: April 1 2021 (got GC - April 2016 - employment based)
    Traveled to India for 21 days

    Can we apply on Jan 1 2021 or wait until after April 1 2021

    How do we answer this question if we file using the early filing date on Jan 1 2021.

  • #2
    Same question in here, I believe that you should use the 5 year option, because the early application is just an intention of application and USCIS will give you not updates or resolution on your case before you reach the 5 year period.

    D. 90-Day Early Filing Provision (INA 334)


    An applicant filing under the general naturalization provision may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as an LPR.[14] Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required five-year period of continuous residence as a lawful permanent resident (LPR).

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