Need help- filing n-400

mehnik

Registered Users (C)
Hi All,

I am in the process of filing my n-400 from NYC. I have been here permanently since 2003 and been a PR since 1998. I have a question regarding the travel record.

I have made frequent weekend trips to canada over the last 2 years and most of the time the immigration did not stamp my entry back into the U.S. I have no recollection of the exact dates of my travel. What should i write on the n-400, does it have to be the exact dates?

Also, once I file my N-400, is it ok to travel internaitonally?

Would really appreciate any help, am very nervous right now abt filing my application!

Thanks,
Nik
 
Hi All,

I am in the process of filing my n-400 from NYC. I have been here permanently since 2003 and been a PR since 1998. I have a question regarding the travel record.

I have made frequent weekend trips to canada over the last 2 years and most of the time the immigration did not stamp my entry back into the U.S. I have no recollection of the exact dates of my travel. What should i write on the n-400, does it have to be the exact dates?

Also, once I file my N-400, is it ok to travel internaitonally?

Would really appreciate any help, am very nervous right now abt filing my application!

Thanks,
Nik

Take a look at this thread: http://www.immigrationportal.com/showthread.php?t=282270

It should answer your question regarding the weekend trips to Canada. It's perfectly fine to travel internationally after filing your N-400, as long as you preserve continuous residence.
 
n-400 filing help

Hey thanks a lot,

but the thread talks abt after the fact. When that person already filed his n-400. I wanted to know that since i havent yet filed my application, should i use the best guess to fill out the travel details or just list the ones that are on my passport and then during the interview provide an explanation.

in fact i called the Immigration office and they told me that i could use the FOIA(freedom of information act) to get a listing of all my travel records since 1984 but they have a 6 month backlog currently. so should i just apply for this in any case and take it with me during the interview so that i can show them that i genuinely tried to guess my internation trips as best as i could.

any help will be much appreciated.
 
Hi All,

I am in the process of filing my n-400 from NYC. I have been here permanently since 2003 and been a PR since 1998.
You've been a permanent resident since 1998, but only been permanently in US since 2003? Can you elaborate on that as it seems contradictory.
Would really appreciate any help, am very nervous right now abt filing my application!

Thanks,
Nik
Take some time to read the guide and instructions..you'll do fine.

http://www.uscis.gov/files/form/N-400ins.pdf
http://www.uscis.gov/files/article/M-476.pdf
 
Hey thanks a lot,

but the thread talks abt after the fact. When that person already filed his n-400. I wanted to know that since i havent yet filed my application, should i use the best guess to fill out the travel details or just list the ones that are on my passport and then during the interview provide an explanation.

in fact i called the Immigration office and they told me that i could use the FOIA(freedom of information act) to get a listing of all my travel records since 1984 but they have a 6 month backlog currently. so should i just apply for this in any case and take it with me during the interview so that i can show them that i genuinely tried to guess my internation trips as best as i could.

any help will be much appreciated.

You can attach a separate sheet to your N-400, listing all the trips to Canada and their approximate dates. Add something along the lines of "to the best of my recollection, the dates of this trip were xx/xx/xx to xx/xx/xx, for a total of x days" to each listing. As long as you didn't break continuous residency, you should be fine. There were other members on this forum who were in similar situations and passed their interviews with no snags.
 
Thanks a lot guys. To elaborate more on my status, i got my PR status in sep 1998 but i was a student in India then and continued to live there while making summer trips to the US every year and then in 2003 i moved here and have been settled here since then.

I am a little curious to know about continuous residence that everybody keeps mentioning. I am not really sure what that is. Can someone please elaborate a little on that?
 
Thanks a lot guys. To elaborate more on my status, i got my PR status in sep 1998 but i was a student in India then and continued to live there while making summer trips to the US every year and then in 2003 i moved here and have been settled here since then.

I am a little curious to know about continuous residence that everybody keeps mentioning. I am not really sure what that is. Can someone please elaborate a little on that?

Continuous residence means that you have not left the US for long periods of time (more than 6 months) when applying for naturalization via the 5 year route. This is different from the physical presence requirement that states that you must have accumulated at least 30 months of physical presence as a LPR during the last 5 years (again if applying under 5 year requirement).
 
Hey thanks a lot,

but the thread talks abt after the fact. When that person already filed his n-400. I wanted to know that since i havent yet filed my application, should i use the best guess to fill out the travel details or just list the ones that are on my passport and then during the interview provide an explanation.

in fact i called the Immigration office and they told me that i could use the FOIA(freedom of information act) to get a listing of all my travel records since 1984 but they have a 6 month backlog currently. so should i just apply for this in any case and take it with me during the interview so that i can show them that i genuinely tried to guess my internation trips as best as i could.

any help will be much appreciated.
I have a similar situation in that I made many short trips to Mexico. Some were by car, others on foot. While there may be an electronic record out there for some of the trips (either GC swipe or license plate scan) for others, there is nothing. For the longer trips, I could piece it together for the N-400, but for the shorter ones, it was impossible. I included a separate piece of paper with my application that stated the following:

"Please note: In addition to the trips listed above, between <date of GC receipt> and the present date I took occasional "day" trips to the Mexican state of Baja California. While the vast majority of these additional trips were less than 24 hours in duration, and hence are not reported on the N-400 form, several of them may in fact have lasted longer than 24 hours. I estimate, to the best of my recollection, that I took approximately 4 - 6 such trips greater than 24 hours in duration during the time period mentioned above. The duration of the longest of these trips not reported on the N-400 form was not more than two (2) days outside the US. "

By including such a statement, I feel that I am signaling the following:

(1) That I just don't remember all my trips, and no amount of scratching my head is going to cause me to remember. I simply don't have a paper trail to help me reconstruct them, and they were all personal trips
(2) That I am being honest, and not trying to conceal the fact that I took these trips
(3) That I am making a good faith estimate, based on my best judgement, to account for all time spent out of the US

My own feeling is that you can still be truthful, without being 100% accurate. Indeed, I don't believe that 100% accuracy is the goal: the real objective is to determine if you met the limits of physical presence and continuous residence, and one need not be 100% accurate on the N-400 form to help make that point. Since I am nowhere near the limits on either (total of 16 trips, 58 days outside of the US, longest trip duration of 8 days) then my additional trips are more or less a moot point in terms of adjudicating my application. To back this point up, I have a whole range of supporting documentation: tax transcripts, mortgage statements, pay stubs, letters from employers etc. Combined, these docs prove that I have resided in the US and been continuously employed, in a full time capacity and with no leaves of absence, since I received my GC.

In general, if you are close to the limits of either continuous residence or physical presence then the fact that you can't recall all trips could cause problems. However, if you are far away from either limit then a few weekend trips is really not material to the adjudication of the application. Just don't "forget" to mention a trip of, for example, 3 - 4 months duration since that could be a material fact in the adjudication of your case.

Best advice I ever got from an immigration attorney: "don't write the application for the USCIS. WRITE IT FOR THE JUDGE."
 
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