N-400 5 years Continuous residence (trick one)

E

EdiTech

Registered Users (C)
Hi,

I've been a permanent resident since 1955, but I never had interest to become citizen, now I do.

My problem is that in Oct/2003 I went to work in Honduras until Mar/2005 when I came back to the United States and been here since then.

More facts:
- I did took some trips back to USA in 2004, but I have no record to prove it, my old passport got stolen in Honduras.
- I have filled taxes all my life (including 2003, 2004).
- On my current passport the oldest stamp is from Mar/2005 when I came back from Honduras to the United States, so I have no prove to went I left the States or how many days out of the country for that trip.
- I did resided in Honduras during the whole 2004. I had no residence here in the States in 2004.

My questions:
- Does the 5 years continuous residence apply for the LAST 5 YEARS or since I have 45 years residence I am okay ?
- Can I apply now Dec/2008 or I need to wait until Mar/2010?
- How can I calculate the total days out of the country for the trips I have no record (stolen passport) ?

Thanks
 
The continuous residence is for the last 5 years.
Did you have a reentry permit when you worked in Honduras?
 
I always traveled back before the 6 months limit.
but I have no proving passport for the trips in 2004.
 
If you worked and resided in Honduras for the entire 2004 and had no residence in the US that year it would likely reset your continuous residence clock. However, up to 364 days of your time outside the US could be credited and counted towards your continuous residency so that you can apply 4 years + 1day after your return in March 2005.
If you don't know the exact date you left and returned , indicate the month/year instead.
 
I did filed taxes in 2003 and 2004 as I was working in Honduras for an American company. And I did traveled back in 2004 but have no prove. How can I prove I traveled back if the passport was stolen ?

From 2005 to now I have about 45 days out of country when I visited my kids, so March/2009 I can file again or May/2009?
I read somewhere about being able to file 90 days before the 5 years requirement date.
 
CBP likely has proof of your travel dates in their database. It sounds like you spent the majority of 2004 outside the US working for US company, so unless you had a N-470 I don't see how you'll be able to prove US residential ties for 2004, especially since you didn't keep a US residence for that year. Using 4 years +1 day rule, the earliest you'd be able to apply is March 2009.
 
Bobsmith, thank you for the answers.

I actually came back to US beginning of 2005 (Jan/Feb), then took a trip to Honduras March/2005, got the passport stolen, then the new passport shows coming back to USA March, 16, 2005, When I file the N-400 what USA left date should a put for that trip ? just March/2005 and count 16 days as out of country ?
You say the CBP should have the records, Do I need to get a copy of those records ? or I just fill the form with the best guess I have?

Do you know anything about filling 90 days before the 5 year requirement is met?
The 5 years requirement is by the date I file the N-400 or by the date of the interview or date I become citizen ?
 
EdiTech said:
Bobsmith, thank you for the answers.

I actually came back to US beginning of 2005 (Jan/Feb), then took a trip to Honduras March/2005, got the passport stolen, then the new passport shows coming back to USA March, 16, 2005, When I file the N-400 what USA left date should a put for that trip ? just March/2005 and count 16 days as out of country ?
Click to expand...
Correct.

EdiTech said:
You say the CBP should have the records, Do I need to get a copy of those records ? or I just fill the form with the best guess I have?
Click to expand...
Not unless you don't at least have the month/year of travel.

EdiTech said:
Do you know anything about filling 90 days before the 5 year requirement is met?
The 5 years requirement is by the date I file the N-400 or by the date of the interview or date I become citizen ?
Click to expand...
The 5 years requirement is for continuous residence at the time you file. You can apply up to 90 days earlier if you have met the 5 year continuous residency requirement. In your case, continuous residency was broken in 2004 by working and living in Honduras the majority of the time.
 
Bobsmyth said:
If you worked and resided in Honduras for the entire 2004 and had no residence in the US that year it would likely reset your continuous residence clock. However, up to 364 days of your time outside the US could be credited and counted towards your continuous residency so that you can apply 4 years + 1day after your return in March 2005.
If you don't know the exact date you left and returned , indicate the month/year instead.
Click to expand...


I agree with Bobsmyth, you can apply in April 2009 just to be safe and that would satisfy the "4 year + 1 day" rule. If you do this, the continuous residency requirement would be fulfilled even though you still have to have atleast 913 days inside the US (half of 5 years physical presence requirement)
since March 2005 (count the days inside the US since that march travel)

But you do have to mention all the trips or atleast "guestimate" if you dont have the passport stamps to prove (since you lost your passport). You are supposed to mention all the trips for the last 5 years since your application date.
 
EdiTech said:
- How can I calculate the total days out of the country for the trips I have no record (stolen passport) ?
Click to expand...
Talk to your family members/friends/colleagues you saw in Honduras. They may have memories or old emails or dated pictures that can help you get a good approximation of the dates when you were there.
 
Jackolantern said:
Actually, you are supposed to list all trips of over 24 hours since becoming a permanent resident. Not an easy task for somebody who has been a PR for over 50 years!
Click to expand...

I feel for the original poster...I've had my greencard for 20 years. My passport was stolen while on vacation in fall 2007. I misplaced another earlier passport while in college (i.e., moving in and out of dorms twice a year).

In my application I footnoted the travel dates table and said that dates before 2007 (to about 2002) were estimated in good faith (I had ticket stubs etc. to go on and they were pretty accurate). Earlier than 2002, I made a blanket statement that my only travel consisted of visiting my parents for about 3-4 weeks, once every one or two years. You can only do so much and really the IO is going to focus on the last 5 years (or 4 year + 1 day).
 
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