Another question on this.... How many days would you enter in this case in N-400? Is it 1 day or 2 days? I think it should be 1 day. I have a similar scenario.
3 days cruise trip to Bahamas after interview considered outside of US or not? I am confused...
- Thread starter Jalma
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Another question on this.... How many days would you enter in this case in N-400? Is it 1 day or 2 days? I think it should be 1 day. I have a similar scenario.
If it wasn't 24 hours it doesn't count.
cafeconleche
Registered Users (C)
And even if it were a little over 24 hours but still over the same Saturday and Sunday, the trip would be listed, but the days spent outside would still be zero since the entry and exit days count as days spent in the US, right?
When you normally travel overseas and are asked the duration of the trip, you include either the day of departure or day of arrival (but not both). However, I think USCIS wants you to count each day you were out of the US. So a Mon-Fri trip to Canada is 5 days. By that logic one can never be out for 1 day (because trips less than 24 hrs don't count and anything over 24 hrs has to span 2 days).
Either way, this isn't going to make a difference in the grand scheme of things - unless of course you 'made' Physical presence exactly to the day. (And in that case you probably want to err on the 'longer' trip count as IOs tend to get very strict if it appears that people are spending large amounts of time outside the US)
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Actually one can exclude both departure and return date. In your case of a Mon-Fri trip to Canada, one can say
days outside USA is just "3 days" even the person may leave USA very early on the monday morning and
coem back to USA late at night on Friday.
cafeconleche
Registered Users (C)
Hmm, now I'm not sure anymore. I thought what WBH is saying was true, but GungaDin disagrees...
We're trying to create another 'Thread of the day' where we get a ton of responses for something totally trivial.
...IO made only three corrections on the N400 before we both signed..which to me felt good
because i had really tried to double check the form and i guess she was just doing her job
so if adding a day to my 19 trips made her happy...then i can live with that.
I refuse to agree that she didnt know what she was talking about.
She didnt even blink when i tried to disclose traffic tickets under 100 bucks with no arrests....personally
i think the IO's have a lot of discretion on what they choose to focus on when the applicant doesnt have glaring complicated cases such as mine.
No, it would still count as 1 day because they look at 24 hour periods outside US , otherwise people would try to get around listing the number of days outside by arguing that exit and entry dates don't count for short trips.
Suit yourself. The application and instructions specifically says to only disclose trips greater than 24 hours. That is contrary to what the IO told you. Sounds to me she was just trying to make a point by showing off her authority since the trip wouldn't have made a difference in your eligibility. Authority and power does not equate to knowledge.
No matter what M-476 says "partial days spent in the United States count as whole days spent in the United States".
So if you go to Canada early morning and coem back on night of second day and repeat this on every 2-day for straight
5 years, then teh total number of your days outside USAS is zero per M-476 and yoru days in USA is 365*5 days even though
you can claim you made 365 overseas trips.
Of course M476 says "Generally" but how do we know when to break this general rule?
quote:
When counting the total number of
days you have been out of the country,
include all trips you have taken outside
the United States. This includes short
trips and visits to Canada and Mexico.
For example, if you go to Canada for a
weekend, you must include that trip when
you are counting how many days you
have spent out of the country. Generally,
partial days spent in the United States
count as whole days spent in the United
States.
Certain types of applicants may count
time abroad as time physically present
in the United States. An example of this
exception is an applicant who is abroad in
the employment of the U.S. Government.
See the table at the beginning of this
section for more information.
i think i wasnt clear enough and thats why am not agreeing to the lambasting of the IO as being clueless.
What i know is i have three other trips to bahamas that I told her am sure were over 24 hours..on this one that she "caught" i told her we stayed one day and returned same day but since i missed it wasnt totally sure...so she just listed it as a day. I didnt make a spread sheet ..just used the passport and listed the trips as best i could based on the stamps. I even listed a trip to Pueto Rico where I stayed for a week but my passport wasn't stamped when i got back and am not sure if thats technically leaving the us or not if u visit a territory.
This is what i should have I said before saying she was kinda looking at me like dude..get a clue..
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cafeconleche
Registered Users (C)
I don't get algorithms...
So, in the case of a trip where one leaves on a Saturday and returns on a Sunday, it would count as 1 day outside, but for an extended trip, both the exit and re-entry days count as days in the US?
So, in the case of a trip where one leaves on a Saturday and returns on a Sunday, it would count as 1 day outside, but for an extended trip, both the exit and re-entry days count as days in the US?