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N400 - Early Filing Criteria

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  • N400 - Early Filing Criteria

    Is there anyone who has used the 90 Early Filing option recently for filing there N400 Application i.e filing 90 calendar days before you complete your permanent residence requirement of 5 years or Permanent resident for at least 3 years if you are married to a US citizen.

    I filed my N400 using the Early Filing Option in Feb 2020 but when I check the below site, see that it applies only if filed under Section 319(a) and 316(a) of the INA. (which does not apply to me)

    https://www.uscis.gov/forms/uscis-ea...ing-calculator


    Question I have is, was these condition applicable during Early Filing in Feb 2020 or did this come as a recent update.

    Any update on this is appreciated as I have not heard back on my Application for the last 8 months after my biometric was done.

  • #2
    INA 316(a) is the normal 5-year naturalization rule. INA 319(a) is the 3-year rule for people who have been married to US citizens for 3 years. How does it not apply to you?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by ShibuM View Post
      Is there anyone who has used the 90 Early Filing option recently for filing there N400 Application i.e filing 90 calendar days before you complete your permanent residence requirement of 5 years or Permanent resident for at least 3 years if you are married to a US citizen.

      I filed my N400 using the Early Filing Option in Feb 2020 but when I check the below site, see that it applies only if filed under Section 319(a) and 316(a) of the INA. (which does not apply to me)

      https://www.uscis.gov/forms/uscis-ea...ing-calculator


      Question I have is, was these condition applicable during Early Filing in Feb 2020 or did this come as a recent update.

      Any update on this is appreciated as I have not heard back on my Application for the last 8 months after my biometric was done.
      The 90 day early filing applies to all, reason is that they want to provide a sufficient buffer to justify the status of the person, particularly when applying with hard copies. This makes no more sense these days with online applications and forever waiting time.

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      • #4
        @Newacct - As per 316(a), from what I understood it mentions 6 things to be met and one of it is "Persons making extraordinary contributions to national security" and I do not meet that. Am I missing something over here.

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        • #5
          Originally posted by ShibuM View Post
          @Newacct - As per 316(a), from what I understood it mentions 6 things to be met and one of it is "Persons making extraordinary contributions to national security" and I do not meet that. Am I missing something over here.
          INA 316(a) just lists 3 requirements: 1) that you were physically present in the US for half of the last 5 years, 2) that you had continuous residence for the last 5 years, and 3) you had good moral character for the last 5 years. You may be looking at other subsections of INA 316, which contain other provisions relating to naturalization. INA 316(f) provides special treatment with people who have helped the CIA, etc., but that doesn't relate to general naturalization requirements.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Thanks @Newacct for clarifying this. Much appreciated !!

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