Filing early to gain citizenship status in US is allowed.

90 days USC

 

With the state or service district which has jurisdiction over the place of residence of the applicant he/she should file application in order to gain citizenship status in US generally. Prior to filing for at least three months the applicant should have resided in that location. Applicants may also make use of the applying for American citizenship online option available. The geographical area over which the USCIS office has jurisdiction is referred to as “Service district”. And the District of Columbia, the Virgin Islands of the United States, Guam, Puerto Rico the Commonwealth of the Northern Mariana Islands are included in the term “State”.

Within the state where the applicant resides the Service District that has jurisdiction over an applicant’s application may or may not be located. Over more than one State some Service Districts may additionally have jurisdiction and more than one USCIS office are present in most States. The applicant is required to report the change of address after filing the naturalization application to USCIS in cases where an applicant changes or plans to change his or her residence. This helps in transferring the applicant’s A-file along with application to the appropriate office having jurisdiction over the applicant’s new place of residence.

What is place of residence?

The applicant’s primary, actual place of abode of the applicant with no regards to the intent is referred as “residence”.  From the moment the applicant first establishes residence in that location the duration of an applicant’s residence in a particular location is measured.

Provision for early filing

In Immigration and Nationality Act part 334 (INA 334) a 90-Day Early Filing Provision is available. Before he or she would first meet the required 5-year period of continuous residence as an lawful permanent resident (LPR) under the general naturalization provision an applicant may file his or her application up to 90 days before.  Until the applicant reaches the required five-year period of continuous residence as an LPR the applicant is not eligible for naturalization though an applicant may file early according to the 90 day early filing provision.

By counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization USCIS calculates the early filing period. For example, USCIS will begin to calculate the 90-day early filing period from June 9, 2010 if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 that is 90 calendar days earlier.

Immediately preceding the examination on the application based on the three-month period the jurisdiction for filing will be in cases where within the required five-year period of continuous residence an applicant has filed early and the required three month period of residence in a State or Service District falls.

Expedited processing for application of SSI beneficiaries

Naturalization applications filed by applicants will be expedited by USCIS if by the Social Security Administration (SSA) their Supplemental Security Income (SSI) will be terminated within one year or less and for four months or more from the date of receipt by USCIS whose naturalization application have been pending. All eligibility requirements for naturalization should be met by each applicant still at the time of filing though USCIS will prioritize processing of these applications.

Either through an INFO PASS appointment or US postal mail or any courier service USCIS must be informed about approaching termination of benefits by applicants. They should do so by providing an explanation in the form of cover sheet or letter that within one year or less their SSI benefits would be terminated and also that from the date of receipt by USCIS the application for naturalization has been pending for four months or more. Indicating the termination of the SSI benefits, copy of the applicant’s most recent SSA letter with the USCIS alien number written the top right, should be provided.

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