Skip to main content

Can 4 year 1 day rule eligible people file for US citizenship 3 months before?

Norwalk, CT |

I have been a Permanent Resident for 6 years . I had been out of US for more than 6 months so I am becoming eligible for US citizenship under the 4 year 1 day rule on Aug 17 . My question is should I file for Citizenship on 17 Aug or May 17th (i.e 3 months before I become eligible)


+ Read More

Attorney answers 1


Before filing a naturalization application, you should consult with an experienced immigration attorney regarding your 6 year absence. Did you have reentry permits during that time? Why were you away from the U.S. for such a long period of time? There is always a risk that USCIS could find an abandonment of status, notwithstanding the fact of continuous physical presence in the U.S. for the last 4 years + 1 day, and begin a removal proceeding, charging the naturalization applicant as having been inadmissible at the time of his or her last entry. In this type of case, facts are important, and a review of the applicable rules is critical. As for the 3 months' filing rule, I would not do it. The USCIS sometimes has problems enough counting days and applying the rules in simple cases. I would not want to provide USCIS with even more potential reasons to deny the application.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

Please visit our renovated website at, which allows client access to case status, enhanced information on services, and other convenient features.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer