Earliest N-400 filing date calculation -- verify

[kyva1929]

Hi,

Please kindly advise if any mistakes are made in the calculation that follows. Thanks a lot!

Date info:

1. First entry: Resident since 09/24/2007, left USA about a week later.
2. Second entry 03/22/2008, left USA about a week later. On my passport this entry was marked "OUT 6 MONTHS" -- I used a duration calculator and found that duration between 09/24/2007 to 03/22/2008 is 181 days -- does this translate to 6 months?
3. Third entry 06/28/2008, stayed until today 01/03/2013.

Case 1: Counting from 1st entry -- if 09/24/2007 to 03/22/2008 did not break the continuity of the 5-years residents requirement.

Earliest filing date would then be 06/26/2012

Case 2: Counting from 2nd entry starting from 03/22/2008

Earliest filing date would then be 12/22/2012

I'm aware that I'm already past the earliest filing date for either of the above cases, just wanted to check if I'm understanding 5-yr continuous residence requirement and the exceptions correctly.


Thanks!

 

[nwctzn]

USCIS uses 180 days as 6 months. So yes, 181 days is more than 6 months.

 

[kyva1929]

USCIS uses 180 days as 6 months. So yes, 181 days is more than 6 months.

The date used for duration calculation was the time of first entry and that of second entry, which would erroneously include the time spent in the US during the first visit.

In the case when the time spent in the US during the first visit is excluded i.e. duration between the time departing US in the first visit and that of second entry, it would be few days less than 180 days.

And would it matter if the 2nd entry was marked as "OUT 6 MONTHS"?

Thanks!