5 yr residence rule for citizenship

Maybe this has been covered before but I couldn't find an answer, so I'll ask:

I'm a permanent resident in the US since Aug 2005 and will be applying for US citizenship as soon as possible (IE August). Prior to the green card I had TN then an H1B.

My interpretation of DHS rules is that you have to have 5 years residence before you can apply for US citizenship and that merely being here under various visas doesn't count (IE only the green card counts). Is this correct? or can I start the application process now?

Reason for the hurry - my oldest kid is starting last year of high school and I'd like to have the citizenship locked up when she starts applying for university scholarships this fall.

Thanks!

Your 5 year clock started Aug 2005.

You cannot submit your papers before your 5-year anniversary, and can take six months. So, this issue will not be resolved by the fall.

There is a provision that mentions being allowed to file 90 days prior to being eligible, but this only applies to the "continuous residency" provision, that is, if you had been a PR for 5 years, but only continuously resident for 27 months (instead of the required 30), you could apply in anticipation of meeting the requirement. But this does not apply to the requirement of 5-years of PR status. This MUST be met prior to filing.

You also have to be 18 to apply; however your minor children will become citizens automatically as long as BOTH parents are citizens prior to their child's 18th birthday. The would still need to formally request citizenship documents and -- if over 14 -- take the oath at some point after you do.

Thanks agnelson...

A follow up: if we apply in September and it takes 6 months, we'll at March 2011 by oath taking time. What if my daughter turns 18 in January? Will she have re-apply on her own? Or would we have to amend the original application where she was a minor?

You will include her on your N-400 along with your other kids; if the swaering comes before her birthday, then -- presto -- she is a citizen, like your other younger kids.

But on her birthday, if you are not yet sworn in, she will need to submit her own N-400, if she otherwise qualifies, and go through what you will have done before she is a citizen.

-- Wed Apr 28, 2010 1:26 pm --

By the way, the six month timeframe is in no way hard and fast. However, given that there will be an election in November, there is always a pressure on DHS to finalize older applications in time to allow new citizens to vote.

This may or may not help you, as they will give priority to those whose cases have been waiting the longest; yours may get pushed back in favour of older cases (probably) or may get rushed through by novemeber (unlikley).

There is also a spike in natz applications in the months before elections (more for prez election years of course), which could impact timeline.

And, having a child about to turn 18 is a reason to ask CIS to speed up your petition.

There are other websites that track natz application times.

Thanks again! God bless.....