Study abroad long term with green card - don't want to lose opportunity for citizenship?

[BigJoe5]

OK.

So, a USC father who has lived abroad much of his life travels back to attend his child's birth abroad. (Crosses the Canadian border from Washington into British Columbia where his Canadian wife has gone into labor while awaiting her visa.) It is the dad's 16th birthday. The dad has to fulfill 2 years AFTER age 14 in order to transmit USC to his child, born abroad. Dad was born at 11pm 16 years before his son is born at 12 noon. It would make NO DIFFERENCE if dad had NOT crossed the border that day in order to attend the birth.

IF we go by time of day, then dad cannot transmit and the child is stuck in Canada until HIS yet to be filed I-130 gets approved and forwarded for visa issuance.

Is the "time of day rule" still a good idea?

 

[sanjoseaug20]

I do not care about time of day ... that was in jest. What I am saying is that they need to be considerate especially when you are talking about someone losing or gaining benefit by a difference of 24 hours. They have to be taking the side of the citizens rather than the bookish language which might be there. Is not that what common law is based on (not sure if CIS law is driven from common law).

So if they want to use time of day, that's fine. If they want to use 12:01, that's fine. They have to follow some manual so that things are not ambiguous, I am not denying that.
Just make sure to give the half day / half hour credit to the citizen, even if it means giving 23 hour 59 minute credit to some in extreme cases.

 

[sanjoseaug20]

So in case of Canadian Dad ... I would say that the benefit goes to the dad. He spent 1 year 11 months and 29 days correct!! The other half day, he is in transit ... he gets the credit.