Q & A August 8, 2004

Q & A 1.

Q&A 1.

Apply naturalization 90 days before the qualifing date

Dear Sir,

I can write Chinese but I can not type Chinese. I am sending you this email to ask a question in English instead of Chinese. I am sorry for the inconvenience caused to you. My question is:

I received my permanent resident card on April 5th, 1999. I can apply for the U.S. citizenship on January 5th, 2004, if my stay in the U.S. is more than 30 months. Up to date, my stay in the U.S. is only 28 months. Can I fill the U.S. citizen application form on March 5, 2004?

1. In 1999, from June 2 to August 2, I stayed in China.
2. in 2000, from February 2 to July 31, and from August 6, to October 1, I stayed in China.
3. In 2001, from February 28 to August 20, I stayed in China.
4. In 2002, from March 2 to August 20, and from August 31 to September 30, I stayed in China.
5. In 2003, from March 2 to August 14, I stayed in China.

From January 5, 1999 up to date, I stayed in China for about 29 months and have stayed in the U.S. for 28 months. If I stay up to March 5, I shall stay in the U.S. for 30 months. I hope hear your answer soon.

Thanks and regards,
Mr. Minshan

Dear reader:

As long as you have acquired 30 months of physical residence in the United States during the five-year period immediately before the filing of an N-400 application for naturalization, you have met the physical residence requirement. Individuals are allowed to file for naturalization 90 days ahead of time if the only issue is the continuous residence requirement (in your case, five years). You would be able to file in January 2004 except that you would not have met the physical residence requirement by that time. You have calculated that you will meet that requirement by March 2004. In such case, you would be allowed to file at that time. I must caution you, however, to exactly count every day as the naturalization examiner will most likely be doing that at the time of your interview.

 

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.