Continuously living in the U.S. for 5 years but not before

J

JCChu

Registered Users (C)
I got my PR for almost 10 years now and have been living in the U.S. continuously for almost 5 years now. But in n-400, part 7, C, I need to list trips outside of U.S. since I became a lawful permanent resident. Does that mean I have to include the time that I remain in my hometown even though it's more than 5 years ago?
In M-477, it says I need to send, with my n-400, evidance of living in the U.S. for the last 5 years when I have trips more than 6 months. But my trips more than 6 months all happened before the last 5 years. What should I do? Thank you.
 
You need to list them, though. If you can't remember exact dates, approximate dates should do, unless they were REALLY long. Can you provide details of your trips (entry/exit dates or length)?
 
Since all your trips ( longer than 6 months ) were before the last five years, it will not be much of an issue. Just list all your trips along with your proof for maintaining continuous residence. I think that will suffice.
 
JCChu said:
I got my PR for almost 10 years now and have been living in the U.S. continuously for almost 5 years now. But in n-400, part 7, C, I need to list trips outside of U.S. since I became a lawful permanent resident. Does that mean I have to include the time that I remain in my hometown even though it's more than 5 years ago?
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Yes.
In M-477, it says I need to send, with my n-400, evidance of living in the U.S. for the last 5 years when I have trips more than 6 months. But my trips more than 6 months all happened before the last 5 years. What should I do? Thank you.
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You don't need to send evidence of residence for more than 5 years ago. But you still need to list the trips you took back then.
 
So, I had my interview today. I was still asked to provide my reentry permit for 2000~2006, which is before my 5 year continuous residency. Thought I won't need those. But I guess I do....

I will update this thread afterwards for anyone that's interested in this topic.
 
JCChu said:
So, I had my interview today. I was still asked to provide my reentry permit for 2000~2006, which is before my 5 year continuous residency. Thought I won't need those. But I guess I do....

.
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They want to make sure you didn't abandon permanent residency status before the statutory period.
 
Oops...

Can't find my travel document anywhere... I have to send them back by December 3rd. Is there anything I can do? Should they have a record somewhere? If I can't provide my travel document, does that mean I won't be able to get my citizenship? Does that affect my PR status also?
 
In your A-file they should already have a copy of your reentry permit, or at least a record of when it was issued and expired.
 
Bobsmyth said:
They want to make sure you didn't abandon permanent residency status before the statutory period.
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The Officer is on a fishing expedition just looking for something--anything to give you a hard time. I would make an InfoPass appointment and ask to speak to a naturalization supervisor or the Office Director. Simply ask: "What is the legal basis for this extraneous and irrelevant request for evidence of travel prior to the statutory period?"

The answer is "It is uncalled for and merely a fishing expedition." This behavior is frowned upon and is a reason for remedial training. Depending on the Office, you may be able to find a Community Relations Office to contact by e-mail rather than wasting time going in-person.

Which office is this coming from?
 
BigJoe5 said:
The Officer is on a fishing expedition just looking for something--anything to give you a hard time. I would make an InfoPass appointment and ask to speak to a naturalization supervisor or the Office Director. Simply ask: "What is the legal basis for this extraneous and irrelevant request for evidence of travel prior to the statutory period?"

The answer is "It is uncalled for and merely a fishing expedition." This behavior is frowned upon and is a reason for remedial training. Depending on the Office, you may be able to find a Community Relations Office to contact by e-mail rather than wasting time going in-person.

Which office is this coming from?
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The interview took place in Greer, SC.
I'll ask around. Thank you.
 
JCChu said:
The interview took place in Greer, SC.
I'll ask around. Thank you.
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That would appear to be within District 8 (Altanta) in the SE Region. While an Infoass appt should be done ASAP, a follow-up e-mail to the Regional CRO might help. IF you known the name of the head of that Office in Greer, mention it and the CRO could pass it along. The District Director is Denise Frazier in Altanta, mention that as well.

SoutheastRegion.CommunityRelations@dhs.gov

Good luck.
 
JCChu said:
Sorry, stupid question, what's an A-file? Thank you
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That's the "administrative file", sometimes otherwise called the "alien file" which is created and accumulated for every noncitizen that has applied for anything immigration-related with the US. If they didn't lose anything from your file, it should have a copy of every visa and any other immigration document that was ever issued to you, plus copies of all the forms you used when applying for visas and other immigration benefits. Plus other related documents like what you submitted when applying those benefits, and your background check results.

See http://www.justice.gov/oig/special/0007/afile.htm, particularly section B.
 
Jackolantern said:
That's the "administrative file", sometimes otherwise called the "alien file" which is created and accumulated for every noncitizen that has applied for anything immigration-related with the US. If they didn't lose anything from your file, it should have a copy of every visa and any other immigration document that was ever issued to you, plus copies of all the forms you used when applying for visas and other immigration benefits. Plus other related documents like what you submitted when applying those benefits, and your background check results.
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I see. Thank you for helping.
I have scheduled an InfoPass appointment for this Thursday morning. I'll asked about it then.
 
They won't let you directly look at the A-file without going through the lengthy FOIA request process. But you can point out that the reentry permit(s) they wanted to see should already be in your A-file.
 
Only certain things end up in an A-file. A variety of non-immigrant applications and some "interim benefits" applications remain in receipt files only. A re-entry permit or RTD might wind up in an A-file as a result of some other proceeding where it became evidence (like Removal Proceedings or an N-400). The underlying interim benefit applications will have a trail in the various computer systems but rarely end up in the A-file. Some non-immigrant petitions eventually may be associated with an employment-based immigrant's A-file.
 
Just an update if anyone's interested in this topic

Went for an infopass this morning.
Told the lady assisting me that I was not able to find the travel documents.
She said sometimes if it's close to the end of the two years, some airports will take the travel document away even though they shouldn't.
She was able to pull out some records from the computer showing that I had applied for travel documents twice. She printed them out as my response to the N-14.
So I guess I don't need to mail anything back now.

I asked about those being more than 5 years ago. She said they still need to check if I left for more than 6 months without a reentry permit or travel document and just got lucky.

I don't know what the decision will be. I have nothing to do now besides waiting. (fingers crossed)
 
so it seems that if you were ever out of the country for more then 6 months with re-entry permit, you most likely be denied citizenship and risk you PR status.

I am in similar situation as you are, I was out of the country for more then a year back in 2003-2004 but since have been in US and only left for no more 30 days max.
Unfortunately I was out without RE permit and also did not file taxes for 2002 and 2003 as I did not have any earnings in US. I did file my taxes in UK for those years.

I did not know about RE permit at the time and also I was under wrong impression that you only have to file tax returns for earnings in US and not worldwide earnings.
I would do the late filling but I don't have my UK filling paper and IR only keeps records for last 7 years.

Is it really worth me applying for Citizenship.
 
JCChu said:
Went for an infopass this morning.
Told the lady assisting me that I was not able to find the travel documents.
She said sometimes if it's close to the end of the two years, some airports will take the travel document away even though they shouldn't.
She was able to pull out some records from the computer showing that I had applied for travel documents twice. She printed them out as my response to the N-14.
So I guess I don't need to mail anything back now.

I asked about those being more than 5 years ago. She said they still need to check if I left for more than 6 months without a reentry permit or travel document and just got lucky.

I don't know what the decision will be. I have nothing to do now besides waiting. (fingers crossed)
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Regarding this "I asked about those being more than 5 years ago. She said they still need to check if I left for more than 6 months without a reentry permit or travel document..."

That is incorrect information. That old info is pretty irrelevant. Please post results when you get some.
 
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