4 years 1 day rule and 90-day early filing

[Kais120]

Hi All,

For a non-marriage GC, would it be allowed to file 90 days early (that is ~3 years 9 months and 1 day of continuous residence) if an applicant returned the US with a re-entry permit and can use 4 years 1 day rule? Same question for 4 years and 6 month.

Thanks.

[Mike E]

Hi All,

For a non-marriage GC, would it be allowed to file 90 days early (that is ~3 years 9 months and 1 day of continuous residence) if an applicant returned the US with a re-entry permit and can use 4 years 1 day rule? Same question for 4 years and 6 month.

Thanks.

No.

Example:

You are gone from U.S. for all of 2022 and 2023, returning Jan 1, 2024. You stay in the US. You file Jan 2, 2028. Your longest absence in past 5 years 364 days.

Your way:


You are gone from U.S. for all of 2022 and 2023, returning Jan 1, 2024. You stay in the US. You file 90 days before Jan 2, 2028, aka Oct 3, 2027. On Oct 3, 2022, you were out of the US. Your longest absence in past 5 years 455 days. That exceeds 364 days. You are not eligible to naturalize



If you 3 years and 9 months after retur