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Eligibility for Citizenship: Clarification on 90 days rule and 30 month stay
- Thread starter junkidentity
- Start date
Jackolantern
Registered Users (C)
3. Can I get a re-entry permit granted if I am away for less than 6 months each trip? CAn one be granted out of the country? I am due to return to the US shortly.
The reentry permit allows for trips up to 2 years or less. 6 months or less is fine.
You must be in the US when filing the reentry permit application (including the day USCIS receives it), and you must be in the US to show up for fingerprinting, but you can leave the US in between those points in time, and leave again after fingerprinting. At your choosing, it will then be delivered to your US address, or to a US consulate abroad where you can pick it up.
Are you asking about the calculation method or the travel data?HOw can I get info on how USCIS has calculated my physical presence? Can I get under Freedom of Information Act their actual information or calcluation? I have an old green card that is never swiped by airlines, so unclear how the USCIS can determine when I left the USA in the last 5 years?
When you checked in for outbound flights, you showed your passport and the airline recorded the passport country and passport number. That became part of the passenger manifest that the airline submitted to Homeland Security, which is in turn made available to CBP and USCIS. That's how they have your data.
They might not have 100% of the trips for 100% of all green card holders, but you don't know what they have or don't have. You need to write the truth on the N-400 when you apply, and don't gamble based on what you think they know.
The calculation method in the naturalization guide says to count the exit and entry dates as dates in the US, but one recent poster had a denial based on them doing otherwise. That's why I said you should apply when you have several days more than the minimum 30 months (913 days) if physical presence, so that you're still OK whatever their calculation method is.
The reentry permit allows for trips up to 2 years or less. 6 months or less is fine.
You must be in the US when filing the reentry permit application (including the day USCIS receives it), and you must be in the US to show up for fingerprinting, but you can leave the US in between those points in time, and leave again after fingerprinting. At your choosing, it will then be delivered to your US address, or to a US consulate abroad where you can pick it up.
If one is already out of the country and does not have a re-entry permit in hand, what is advisable?
cafeconleche
Registered Users (C)
Come back to the US. Or, come back for a few weeks, apply for the permit immediately asking for expedited processing, give fingerprints and photo, and then have them send the permit to an embassy or consulate abroad or to an address in the US where a friend can then securely send the permit to you abroad.