Decision can not be made. Physical presense.

3

30005

Registered Users (C)
I had citizenship interview. Everything went fine. Officer said that I was out of the country for too long. Number of days I was out of the country was fewer than 900 during my 5 years permanent residence. I never stayed out of the country more than 6 months.

At the end officer said that that decision can not be made. In addition she said that I will be notified shortly about my application.

What is your thoughts on this?
Thank you!
 
Last edited by a moderator:
How close to 900 days were you out of the US? Maybe the IO just needs some time to double-check your date calculations, and also to check the CBP records to see if you might have forgotten a trip or listed any of the dates wrong.
 
Well then you're fine unless continuous residence might also be an issue. You cannot be refused if you counted your dates correctly and still had about 30 days short of 900 OUTSIDE the US. Let's just hope CIS doesn't miscount.
 
Officer said that I was out of the country for too long. Number of days I was out of the country was fewer than 900 during my 5 years permanent residence. I never stayed out of the country more than 6 months
Click to expand...
It was fewer than 900 days as of the date of application for naturalization, or as of the date of your interview?
List all your trips abroad for at least 5 years before application date, with date of going abroad and date of returning to the US. What is your application date?
 
NotBonJovi said:
Can someone tell me more about this 900 days rule? I was also out of the country with re-entry permit and applied after 4 years + 1 day and am concerned about it.
Click to expand...

The rule is 913 days physical presence, not 900 days. The OP just happened to mention being out of the US for less than 900 days.

If you've physically been in the US for at least 913 days out of the last 5 years before submitting the application, you've satisfied the physical presence rule.
 
Last edited by a moderator:
30005 said:
I had citizenship interview. Everything went fine. Officer said that I was out of the country for too long. Number of days I was out of the country was fewer than 900 during my 5 years permanent residence. I never stayed out of the country more than 6 months.

At the end officer said that that decision can not be made. In addition she said that I will be notified shortly about my application.

What is your thoughts on this?
Thank you!
Click to expand...

I think that the IO might want to run a check on all your trips out of the US. That is why the decision on your citizenship applicationhttp://www.uscitizenship.info/blog/the-us-citizenship-application has been put on hold. If you are safe with this, then she will approve it once she has confirmed it. Until then, you have to wait.
 
Last edited by a moderator:
raevsky said:
It was fewer than 900 days as of the date of application for naturalization, or as of the date of your interview?
List all your trips abroad for at least 5 years before application date, with date of going abroad and date of returning to the US. What is your application date?
Click to expand...

I checked the application. It says "list all trips since becoming a lawful permanent resident". I listed all trips since I become a permanent resident. I applied 3 month before 5 years total time of my permanent residency. Thus my application date was at the time when my total time since i become perm. resident was about 1710 days, not 1800 days. I don't think they count based upon application date. They must count 5 years since a person become perm. resident. Thus application date is not taken into account. Right?
 
Last edited by a moderator:
30005 said:
I checked the application. It says "list all trips since becoming a lawful permanent resident". I listed all trips since I become a permanent resident. I applied 3 month before 5 years total time of my permanent residency. Thus my application date was at the time when my total time since i become perm. resident was about 1710 days, not 1800 days. I don't think they count based upon application date. They must count 5 years since a person become perm. resident. Thus application date is not taken into account. Right?
Click to expand...

The physical presence count uses the application date, not the 5 year anniversary nor the interview date. Trips abroad or time staying in the US after the application date don't affect the physical presence count. This has been confirmed in court.

You need at least 913 days within the US in the past 5 years before applying. You said you were about a month short of having 900 days outside the US ... so that's about 870 days outside the US. However, because you applied about 3 months before the 5 year anniversary, that means you applied when were a permanent resident for about 1736 days (5 times 365 = 1825, plus 1 day for the 2008 leap year = 1826, minus 90 days = 1736).

870 days outside the US would mean 1736-870=866 days inside the US as of the application date, which means you failed to meet the physical presence test.

In addition, if you applied 3 calendar months before the 5 year anniversary, and those months are such that you applied more than 90 days before the 5 year anniversary, you would have applied too early, because the regulation allows a 90-day headstart, not 3 months. Sometimes 3 months is 91 days or 92 days. However, since they're supposed to look at the date they received it and not the postmark date, you'll probably be OK if you sent it exactly on the 3-month mark, since the day or days in transit probably would have made it cross the 90-day mark by the time they got it.
 
Jackolantern said:
The physical presence count uses the application date, not the 5 year anniversary nor the interview date. Trips abroad or time staying in the US after the application date don't affect the physical presence count. This has been confirmed in court.

You need at least 913 days within the US in the past 5 years before applying. You said you were about a month short of having 900 days outside the US ... so that's about 870 days outside the US. However, because you applied about 3 months before the 5 year anniversary, that means you applied when were a permanent resident for about 1736 days (5 times 365 = 1825, plus 1 day for the 2008 leap year = 1826, minus 90 days = 1736).

870 days outside the US would mean 1736-870=866 days inside the US as of the application date, which means you failed to meet the physical presence test.

In addition, if you applied 3 calendar months before the 5 year anniversary, and those months are such that you applied more than 90 days before the 5 year anniversary, you would have applied too early, because the regulation allows a 90-day headstart, not 3 months. Sometimes 3 months is 91 days or 92 days. However, since they're supposed to look at the date they received it and not the postmark date, you'll probably be OK if you sent it exactly on the 3-month mark, since the day or days in transit probably would have made it cross the 90-day mark by the time they got it.
Click to expand...

Thank you for your explanation. I understand what a BIG MISTAKE I made when I applied 90 days before.
The will definitely reject me application since by all means I failed physical presence test. I thought they count days in 5 years period since permanent residence obtained.

I guess I have to live without citizenship, since they will reject me. Can I apply again? If so, when? Thank you!
 
I guess I have to live without citizenship, since they will reject me. Can I apply again? If so, when? Thank you!
Click to expand...

If denied for failing to meet the physical presence and/or continuous residence requirement, you can reapply when you've accumulated enough days in the US to qualify. Which for you would probably mean right now, unless you've taken long or frequent trips since filing the N-400.
 
Jackolantern said:
The rule is 913 days physical presence, not 900 days. The OP just happened to mention being out of the US for less than 900 days.

If you've physically been in the US for at least 913 days out of the last 5 years before submitting the application, you've satisfied the physical presence rule.
Click to expand...
Could you update on your application? Did you get approved?
 
You must log in or register to reply here.
Top