Greenberg Visa Law
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![8 USC §1445 [INA § 334]. Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant’s naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:b24fjhiisazppujyo2fejdh4/bafkreiawwcuwj6twrkooug7j2b7giferfwkbw5dz3ux3wqw2yb7behkx7q@jpeg)
![D. 90-Day Early Filing Provision (INA 334)
An applicant filing under the general naturalization provision may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence as an LPR.[14] Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required five-year period of continuous residence as a lawful permanent resident (LPR).
USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the applicant would satisfy the five-year continuous residence requirement for the first time on June 10, 2010 USCIS will begin to calculate the 90-day early filing period from June 9, 2010. In such a case, the earliest that the applicant is allowed to file would be March 12, 2010 (90 calendar days earlier).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:b24fjhiisazppujyo2fejdh4/bafkreicfsrhbpqvwtvgzmbwub4k6tdvbczmagwcrt63k3k24tvant7gt54@jpeg)
