Break in Continuity and physical presence

[asingh29]

I do not have the information about my trips I made out of US. I contacted USCBP which has all the border crossing data. Can I attach their report (It is difficult for me to decipher) from USCBP to USCIS so that they may do their calculation on their own ?

What happens if they discover I may have exceeded the time spend outside more than they need for me to qualify ? Lose my $400 or any other adverse impact on the future application effort ?

AMAR

 

[neverthere]

How do you get a hold of USCBP which has all the border crossing data?.
I have very good records of all my border crossings and can use the information to decipher their data. It may help your case.

 

[eo23]

I do not have the information about my trips I made out of US. I contacted USCBP which has all the border crossing data. Can I attach their report (It is difficult for me to decipher) from USCBP to USCIS so that they may do their calculation on their own ?

What happens if they discover I may have exceeded the time spend outside more than they need for me to qualify ? Lose my $400 or any other adverse impact on the future application effort ?

AMAR

Is it free to request such a report? How do you request one?

 

[Ladybuggy]

Just by looking at your Stamps in your Passport you see when and where you took trips outside of the US.

It is required/recommended to bring the Passport (all of your Passports expired or current) so the IO can see whether you told the truth on your application.

 

[Ladybuggy]

Oh and yes you would lose your $400. There are no refund given and they would tell you to re-apply at the appropiate time !

 

[Radni]

1. If the data of entry and departure in form N-400 do not telly with those in Passports, would they simply deny the application and ask you to reapply at appropriate time?
2. Would such a denial have any adverse effect on next filing of N-400?
3. In fresh filing of N-400 at a later date, can they ask the applicant as to why the data in Part 7 (C) of N-400 are different than those in earlier N-400? If one of them is true , it would mean that you provided wrong data atleast one time ( in the first N-400 ) to the USCIC.
4. Would this situation lead to deny the Second N-400 ( despite all info / data of Part 7 C matching with passports ) or lead to any other penal actions by USCIS ? OR would they simply accept the new N-400 and adjudicate it on its stand-alone merit?

 

[feuerfrei]

1. If the data of entry and departure in form N-400 do not telly with those in Passports, would they simply deny the application and ask you to reapply at appropriate time?
2. Would such a denial have any adverse effect on next filing of N-400?
3. In fresh filing of N-400 at a later date, can they ask the applicant as to why the data in Part 7 (C) of N-400 are different than those in earlier N-400? If one of them is true , it would mean that you provided wrong data atleast one time ( in the first N-400 ) to the USCIC.
4. Would this situation lead to deny the Second N-400 ( despite all info / data of Part 7 C matching with passports ) or lead to any other penal actions by USCIS ? OR would they simply accept the new N-400 and adjudicate it on its stand-alone merit?

My mother applied for citizenship when she was on the borderline of satisfying continuous residence and she got denied for failing the continuous residence test. She applied again and was approved later. When she was denied, she was specifically told that it was a denial "without prejudice" and she could reapply when she satisfied all requirements.

As for your questions 3 &4, as long as you answered truthfully to all their questions to the best of your knowledge, I dont think there will be an adverse impact on your second N-400. But please consult a lawyer to get the right legal advice.

 

[Anami]

Can you tell us a bit more about the "borderline" nature of your mother's case? Did she have trips outside US that were more than 6 months or less than but close to 6 months? Did the IO give any details about why they were denying the case?
Thanks

My mother applied for citizenship when she was on the borderline of satisfying continuous residence and she got denied for failing the continuous residence test. She applied again and was approved later. When she was denied, she was specifically told that it was a denial "without prejudice" and she could reapply when she satisfied all requirements.

As for your questions 3 &4, as long as you answered truthfully to all their questions to the best of your knowledge, I dont think there will be an adverse impact on your second N-400. But please consult a lawyer to get the right legal advice.

 

[feuerfrei]

Can you tell us a bit more about the "borderline" nature of your mother's case? Did she have trips outside US that were more than 6 months or less than but close to 6 months? Did the IO give any details about why they were denying the case?
Thanks

She had one break of 7 months and another of 9 months. The IO did not seem to be bothered by these, as she had a pretty strong connection to the US -- all 3 of her children were in the US, 2 as citizens and 1 as a PR. If I remember correctly, what tripped her up was the physical presence requirement (2.5 years out of the last 5 years) calculation -- if this was calculated for the 5 years prior to the application date, she satisfied the requirement. But the officer calculated this for the 5 years prior to the interview date -- and apparently she failed this, as she had to travel due to an emergency between the application date and the interview date. At the interview, the officer gave her a "decision cannot be made" slip and the denial came by mail after a month. She applied an year later, when the requirements were clearly met from all angles and there was no problem this time (the old case etc was not even mentioned during the interview).

 

[Anami]

Thanks for the information. I have 4 trips close to 5 months on a temporary assignment for a US company, which I am hoping will not be a problem.

She had one break of 7 months and another of 9 months. The IO did not seem to be bothered by these, as she had a pretty strong connection to the US -- all 3 of her children were in the US, 2 as citizens and 1 as a PR. If I remember correctly, what tripped her up was the physical presence requirement (2.5 years out of the last 5 years) calculation -- if this was calculated for the 5 years prior to the application date, she satisfied the requirement. But the officer calculated this for the 5 years prior to the interview date -- and apparently she failed this, as she had to travel due to an emergency between the application date and the interview date. At the interview, the officer gave her a "decision cannot be made" slip and the denial came by mail after a month. She applied an year later, when the requirements were clearly met from all angles and there was no problem this time (the old case etc was not even mentioned during the interview).

 

[boatbod]

Thanks for the information. I have 4 trips close to 5 months on a temporary assignment for a US company, which I am hoping will not be a problem.

I had a couple of trips around 5 month duration and never had a problem. Most likely you won't either.