Legal Question in Immigration Law in California
N-400
1) How does USCIS determined when an N-400 is filed? Is it filed when the application is postmarked or when immigration receives the application?
The reason why I ask is because a friend may have sent his N-400 too early. He signed and dated the application April 10, 2008; however the earliest he could file was April 12, based on the 90 days before meeting the residency requirement. Now, he mailed the application on the 12th by change but the application was signed and dated on April 10th.
2) Will immigration consider that he filed too early based on his signature or will they go by the postage stamp or when they received the application?
1 Answer from Attorneys
Re: N-400
They will go by the time USCIS received the application. I think your friend is fine.