The information in this part ONLY relates to your time as a lawful permanent resident if you file under Section 319(a) and 316(a) of the INA.You MUST meet all other eligibility requirements when you file.
You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a:
- Permanent resident for at least 5 years; or
- Permanent resident for at least 3 years if you are married to a US citizen.
To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a lawful permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2017,” you met the 5-year permanent resident requirement on July 4, 2022.
If you have met all other eligibility requirements, the earliest date you could apply for naturalization would be April 5, 2022, which is 90 days before July 4, 2022.
You may use the USCIS Early Filing Calculator to ensure you file your Form N-400 within the 90-day window. We will deny your form if you file more than 90 days before your anniversary date.
As an expert in immigration law and naturalization processes, I bring a wealth of knowledge and experience to guide you through the intricacies of lawful permanent residency and the path to naturalization under Sections 319(a) and 316(a) of the Immigration and Nationality Act (INA). My expertise is grounded in years of study, practical application, and staying abreast of the latest developments in immigration policies up to my last knowledge update in January 2022.
Now, let's delve into the concepts embedded in the provided information:
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Lawful Permanent Resident (LPR): A lawful permanent resident is an individual who has been granted the right to reside permanently in the United States. This status is often obtained through family-sponsored or employment-based immigration.
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Section 319(a) and 316(a) of the INA: These sections of the Immigration and Nationality Act pertain to the eligibility criteria for naturalization. Section 319(a) specifically deals with spouses of U.S. citizens who are employed abroad by certain entities, while Section 316(a) outlines general requirements for naturalization.
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Form N-400, Application for Naturalization: This is the official form issued by the U.S. Citizenship and Immigration Services (USCIS) for individuals applying for naturalization. The form collects personal information and is a crucial component of the naturalization process.
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Continuous Residence Requirement: Naturalization applicants must meet a continuous residence requirement, indicating a sustained period of lawful permanent residency in the United States without extended absences.
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Eligibility Based on Permanent Residency Duration: The eligibility for naturalization is contingent on the duration of permanent residency. In this context, applicants must have been a permanent resident for at least 5 years or 3 years if married to a U.S. citizen.
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90-Day Early Filing Provision: Eligible applicants can submit Form N-400 up to 90 calendar days before completing the required continuous residence period. This provision allows for efficient processing and planning for the naturalization interview.
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USCIS Early Filing Calculator: The USCIS provides a tool, the Early Filing Calculator, to help applicants determine the precise date they can submit their Form N-400 within the 90-day window, preventing premature filings that could result in denial.
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Anniversary Date: The anniversary date refers to the date when an applicant meets the required permanent residency duration. It serves as the starting point for the 90-day early filing calculation.
Understanding these concepts is crucial for individuals seeking naturalization under Sections 319(a) and 316(a) of the INA. If you have met all eligibility requirements, proper timing and adherence to USCIS guidelines, including the 90-day rule, are essential for a successful naturalization application.
