lost passport, how to prove Physical Presence

C

chrisoffice

Registered Users (C)
Hi, there,

I am a frequent international traveler, but I managed to stay in US for 30 months during the past 5 years, and I am applying for the naturalization right now.

The problem is, I just had my passport renewed in my home country and somehow I lost my old expired passport, the new passport only have the US entry stamp from my last trip to US. And I did not work at all in US during the past 5 years, I supported myself using the money that I brought to US from my home country.

So what should I do to prove to the IO during the interview that I have met the PP requirement? Well, maybe he/she will not ask for the passport, that will solve the problem nicely, but what if he/she asks?

Thanks a lot!
 
There is no easy way. You can file FOIA with CBP (border control) but that will take time and may not be necessary. Your hope is not to be asked which may or may not happen because you just "managed to stay for 30 months".

You should anyway file a police report ... police might say what you lost is of zero value ... but going to police indicates more genuineness in my opinion. Plus if the IO requests additional evidence such as "old passport", you are making sure your file has the police report. This could be useful in case the IO is not helpful, or to challenge a negative decision just because of "missing passport".
 
Well, I don't see any usefulness of going to file FOIA with CBP though, because the USCIS should have all the dates that I entered US in their database anyway, the problem is that since they don't check your passport when you leave US, they rely on foreign country's entry stamps to determine when you leave US, and without the passport, I could not provide that piece of information.

I lost my passport in my home country, so a police report from a foreign country may not be helpful either.

I am just wondering how people handle this kind of situation normally? What else could the IO possibly asks to provide in order to prove the 30 month PP?
 
chrisoffice said:
Well, I don't see any usefulness of going to file FOIA with CBP though, because the USCIS should have all the dates that I entered US in their database anyway
Click to expand...

You are wrong about that. USCIS will not have this information (or, to be more precise, they could get this info if they wanted to, but it will not be a part of your A-file, so the IO will not have ready access to this info during your interview). Filing an FOIPA request with the CBP is the only way to get these records.

Most people do not get asked to provide proof of their travel dates at the interview, and the IO typically accepts the info provided in N-400 on good faith.
If you do get asked to provide such documentation, getting it is difficult. Apart from a FOIPA request to the CBP, you can try to look up your old financial records for copies of plane tickets and itineraries.
 
Last edited by a moderator:
USCIS can see most or all of your exit dates by air, because the airlines transmit passenger manifests to DHS. However, they may need to do some extra work after the interview to query the system to find your travel dates.

Do you know your travel dates? If you know the dates, fill them in on the N-400, and rely on USCIS to verify the dates with CBP if they don't take your word for it. Are you pushing the limits of the continuous residence or physical presence requirements? If yes, you'll need to find out the exact travel dates.
 
sanjoseaug20 said:
I think the OP has the dates, it is the question of proving them to CIS because he lost his passport.
Click to expand...

If the OP knows the dates, there is no need to request any records from CBP. USCIS will inquire into the CBP system if they don't believe the dates listed on the N-400.
 
chrisoffice said:
So what should I do to prove to the IO during the interview that I have met the PP requirement? Well, maybe he/she will not ask for the passport, that will solve the problem nicely, but what if he/she asks?

Thanks a lot!
Click to expand...

Proof of physical presence is calculated by the dates outside the US you indicate on N-400. USCIS will be able to verify this information in their system at the interview. There's no other requirement for you to prove physical presence.
 
Is it only me who thinks that there are more issues with this application than just the lost old passport? With only foreign income it seems the OP might have abandoned residence in the US. More than frequent international travel it seems staying out of the country and coming back to the US from time to time. Anyway, fill out the dates without hiding material facts and put your fate in the hands of the IO.
 
Thank you all for the helpful replies!

I do have all my travel dates, so I can fill out the N400 without any problem. And I know that the airlines are required to transmit the passenger list to DHS for all incoming flights, plus CBP scans your GC at the port of entry, so USCIS should have all your entry dates if they wanna find out. However, I am not sure whether the airlines are required to provide the DHS with the passenger lists for outgoing flights, if they don't, then the USCIS has no way to find your exit dates except by looking at the stamps on your passport. And without passport, I am not sure how to prove my exit dates to USCIS from my part.

My GC is from a family (my parents) based petition, I don't think US generated income is required to show that I did not abandon my US residence. Please let me know if I am wrong. Basically I have a girlfriend in my home country, and I am waiting to marry her after I become a USC so that I can bring her here. So I had to spend as much time as possible with her in my home country for the past four years, and traveled to US twice a year and stayed here for 2-3 months each trip. I am staying here right now to fulfill the 27 months before submitting the N400, and will stay here continuously after the N400 submission.

Any input, advice, help are highly appreciated!
 
chrisoffice said:
Thank you all for the helpful replies!

I do have all my travel dates, so I can fill out the N400 without any problem. And I know that the airlines are required to transmit the passenger list to DHS for all incoming flights, plus CBP scans your GC at the port of entry, so USCIS should have all your entry dates if they wanna find out. However, I am not sure whether the airlines are required to provide the DHS with the passenger lists for outgoing flights.
Click to expand...
Yes, the airlines are required to transmit the passenger manifests of all the outgoing international flights to USCIS. (If you read the news, you'll discover that this is exactly how Faisal Shahzad was caught).

My GC is from a family (my parents) based petition, I don't think US generated income is required to show that I did not abandon my US residence. Please let me know if I am wrong.
Click to expand...

You are somewhat wrong. Regardless of how the green card was obtained, you are still required to maintain permanent resident status in the U.S.
If, for example, on your N-400, the IO sees in your employment list a bunch of jobs abroad and no U.S. jobs, this may raise a question about you maintaining your green card status.

However, if you simply used your foreign savings to finance your living expenses in the U.S., that would not present a problem.
 
chrisoffice said:
. However, I am not sure whether the airlines are required to provide the DHS with the passenger lists for outgoing flights.
Click to expand...
Yes, the airlines must furnish the passenger manifest to DHS on outgoing flights as well.
chrisoffice said:
My GC is from a family (my parents) based petition, I don't think US generated income is required to show that I did not abandon my US residence. Please let me know if I am wrong. Basically I have a girlfriend in my home country, and I am waiting to marry her after I become a USC so that I can bring her here. So I had to spend as much time as possible with her in my home country for the past four years, and traveled to US twice a year and stayed here for 2-3 months each trip. I am staying here right now to fulfill the 27 months before submitting the N400, and will stay here continuously after the N400 submission.

Any input, advice, help are highly appreciated!
Click to expand...
So you had a back and forth travel pattern of going to your home county for 3 months, returned to US for 3 months during the last 4 years? Did you work in your home country? What US residency ties did you maintain while in home country?
 
Hi,

Yeah, basically I lived in US for 2-3 months, and then went back to my home country and stayed there, and then came back to US for another 2-3 months.

I never worked in US during the 2-3 months periods, but I do have a house in US, and both bank accounts and brokerage accounts in US, and of course many US credit cards.

I got my undergraduate degree from a US college as well, under an non-immigrant visa. In other words, I lived in US for 6-7 years as a non-immigrant before I went back to my home country and returned to US as an immigrant.

Please let me know what should I pay attention to during the interview, thanks!
 
Just out of curiosity, for Canadians or Mexicans who are US permanent residents, if they drive across the border to go back to their home country, i.e., they don't travel by air, when they apply for naturalization, how can USCIS check for their exit dates?
 
chrisoffice said:
Just out of curiosity, for Canadians or Mexicans who are US permanent residents, if they drive across the border to go back to their home country, i.e., they don't travel by air, when they apply for naturalization, how can USCIS check for their exit dates?
Click to expand...
Perhaps the information is shared by Canadian or Mexcian customs with CBP.
 
Cannot comment about Mexico, but Canadians share all such information with their US counterparts.

chrisoffice said:
Just out of curiosity, for Canadians or Mexicans who are US permanent residents, if they drive across the border to go back to their home country, i.e., they don't travel by air, when they apply for naturalization, how can USCIS check for their exit dates?
Click to expand...
 
chrisoffice said:
My GC is from a family (my parents) based petition, I don't think US generated income is required to show that I did not abandon my US residence.
Click to expand...
US income is not required, but foreign employment is an indicator of breaking residence.

I am staying here right now to fulfill the 27 months before submitting the N400, and will stay here continuously after the N400 submission.
Click to expand...
You need 30 months of physical presence, not 27 months. Physical presence is only counted up to the time you file the N-400; you don't get to file it when having 27 months and then make it 30 months by staying in the US for 3 more months during the process. You must already have the full 30 months (913 days) of physical presence (since GC approval) during the last 5 years before applying.
 
No stamps on passport

Hi: I have a similar problem. I am up for USC application very soon. I am tabulating my dates of travel.

I am a Canadian citizen. I go back to Canada very often, 5-6 times per year, sometimes a long weekend trip, sometimes a week-long trip. I've never been away from the US for more than 1 month per year.

Now, both the US and Canadian custom officers do not consistently stamp my passport. I have no way of proving the length of some of my trips. I could in theory search my credit card bills (I don't keep them unfortunately).

The good thing is, I have been employed in the last 10 years with no break. I can show my W-2s and even monthly pay stubs.

Has anyone raise USCIS's alarm by traveling so much?

Although I like the US, I like to travel back to Canada once every few months.

Thanks for any input.
 
darthvader said:
Hi: I have a similar problem. I am up for USC application very soon. I am tabulating my dates of travel.

I am a Canadian citizen. I go back to Canada very often, 5-6 times per year, sometimes a long weekend trip, sometimes a week-long trip. I've never been away from the US for more than 1 month per year.

Now, both the US and Canadian custom officers do not consistently stamp my passport. I have no way of proving the length of some of my trips. I could in theory search my credit card bills (I don't keep them unfortunately).

The good thing is, I have been employed in the last 10 years with no break. I can show my W-2s and even monthly pay stubs.

Has anyone raise USCIS's alarm by traveling so much?

Although I like the US, I like to travel back to Canada once every few months.

Thanks for any input.
Click to expand...
There's no requirement to prove travel dates.Just indicate approximate dates out of US on N-400 and you'll be fine.
 
darthvader said:
Has anyone raise USCIS's alarm by traveling so much?
Click to expand...
One month per year is not "traveling so much". You have nothing to worry about. It is not your responsibility to proactively prove your travel dates in the interview; you list the dates in the N-400, and then you defend them only if USCIS disbelieves what you wrote.
 
You must log in or register to reply here.
Top