Trip outside US for six months

M

moeykang

Registered Users (C)
Hi...

I'm new to this forum and have a question... I have looked through the posts on this forum, but yet to find a suitable answer and was wondering if any of you could help...

I sent in my N-400 in October 2008 and have just received a "case file review notice.."

I received my GC in December 2000 through family... My father got his GC through business and I got one by being under 21 at the time. I was however in college abroad and stayed out until June 2004 which leaves a three year gap between when I got my GC and came back from "being away for over six months".

Since I arrived in June 2004 and have continued residence through October 2008 when I applied. I believe that is 4 years and 3 months. I applied for N-400 under the 4 years + 1 day rule. (Though I put 5 years continual residence on my N-400) I am not sure what document I could possibly bring to provide evidence of my residency during the three years I stayed abroad or if I need to... (Since the letter states "trips... since becoming a Permanent Resident)

Any help would be appreciated...
 
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You have to ask Bob or Jack about this ...... they are the mathematicians.... :)

moeykang said:
Hi...

I'm new to this forum and have a question... I have looked through the posts on this forum, but yet to find a suitable answer and was wondering if any of you could help...

I sent in my N-400 in October 2008 and have just received a "case file review notice.."

I received my GC in December 2000 through family... My father got his GC through business and I got one by being under 21 at the time. I was however in college abroad and stayed out until June 2004 which leaves a three year gap between when I got my GC and came back from "being away for over six months".

Since I arrived in June 2004 and have continued residence through October 2008 when I applied. I believe that is 4 years and 3 months. I applied for N-400 under the 4 years + 1 day rule. (Though I put 5 years continual residence on my N-400) I am not sure what document I could possibly bring to provide evidence of my residency during the three years I stayed abroad or if I need to... (Since the letter states "trips... since becoming a Permanent Resident)

Any help would be appreciated...
Click to expand...
 
moeykang said:
Hi...

I'm new to this forum and have a question... I have looked through the posts on this forum, but yet to find a suitable answer and was wondering if any of you could help...

I sent in my N-400 in October 2008 and have just received a "case file review notice.."

I received my GC in December 2000 through family... My father got his GC through business and I got one by being under 21 at the time. I was however in college abroad and stayed out until June 2004 which leaves a three year gap between when I got my GC and came back from "being away for over six months".

Since I arrived in June 2004 and have continued residence through October 2008 when I applied. I believe that is 4 years and 3 months. I applied for N-400 under the 4 years + 1 day rule. (Though I put 5 years continual residence on my N-400) I am not sure what document I could possibly bring to provide evidence of my residency during the three years I stayed abroad or if I need to... (Since the letter states "trips... since becoming a Permanent Resident)

Any help would be appreciated...
Click to expand...

So you received your GC in 2000 while you were out the country until 2004? Were you outside the US the entire period between 2000 and June 2004 ? Did you enclose cover letter with N-400 indicating that you are filing based on 4 years + 1 day?
 
So I arrived in December 2000 and left in January 2001. After that I made two trips to the US before arriving for good in June of 2004. When I first left in January 2001, I filled out an application for re-entry and received it. I came back in December of 2003 to apply for another re-entry permit and I also received that. I graduated from college in March 2004 and finally came to US for good in June 04. My problem is that I displaced both my re-entry permits and they can't be found... I'm wondering what I could do...

Second, when I sent in the N-400, I did not send in a cover letter. I had found this forum too late to do something about it... I wish I did...
 
Without specifying 4 year + 1 day rule, they will likely request evidence of continuous residency during the entire 5 year statutory period. Several posters who studied in the Philippines recently were denied since they were unable to prove US residential ties during the statutory period.
 
Bobsmyth said:
Without specifying 4 year + 1 day rule, they will likely request evidence of continuous residency during the entire 5 year statutory period. Several posters who studied in the Philippines recently were denied since they were unable to prove US residential ties during the statutory period.
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did they also loose the GC? and how much time they were outside?
 
Many short trips to Canada

I've gotten my GC for about 4 years now. I'll be eligible to apply for citizenship in about 9 months.

I am a Canadian citizen. I make trips to Canada 4-5 times per year. Those are short trips, never more than 1 week. I have never been out of the country for more than 6 months per year. At most, it was 1 month per year. I've never had a problem with the IO when coming back. As of now, I total about 110 days out of the country.

I don't have proof of the duration of the trips because sometimes the IO (US and Canada) do not bother to stamp my passport.

I have no way to proof how long some of the trips were. I hope immigration has electronic records. Am I going to get grief when I apply for citizenship?

I do have pay stubs going back to the last 4 years.
 
darthvader said:
As of now, I total about 110 days out of the country.
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110 days ... nothing to worry about.

If you do not have passport stamps, you are reporting more days out than the CIS systems might show, and I do not see a big issue with that ... issue will be if you did not report a trip had in their computer.
 
Bobsmyth said:
So you received your GC in 2000 while you were out the country until 2004? Were you outside the US the entire period between 2000 and June 2004 ? Did you enclose cover letter with N-400 indicating that you are filing based on 4 years + 1 day?
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BOB, I am applying in FEB as per the 4 year +1 day rule. What kind of letter should i attach?

when declaring the trips made sinc getting the GC, i am afraid that the stamping on my passport are not real clear, and my pasport (indian) was renewed recently and I have lost the old one :(

I am afraid that the dates, if at all may be off set by 1 to 2 days give or take. Is that going to impact my application for n400? if they have the dates and trips in their system, is there any way of getting that info from any govt. dept ] agency so i can have my n400 filled out with the correct dates ?

Please advise
 
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sreeleshk said:
BOB, I am applying in FEB as per the 4 year +1 day rule. What kind of letter should attach?
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A simple cover letter explaining that you are applying under 4 years + 1 year rule due to your past break in continuous residency.
sreeleshk said:
when declaring the trips made sinc getting the GC, i am afraid that the stamping on my passport are not real clear, and my pasport (indian) was renewed recently and I have lost the old one :(

I am afraid that the dates, if at all may be off set by 1 to 2 days give or take. Is that going to impact my application for n400? if they have the dates and trips in their system, is there any way of getting that info from any govt. dept ] agency so i can have my n400 filled out with the correct dates ?

Please advise
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No need to worry. Being off on your travel date by a few days is not an issue unless you have a borderline case.
 
Bobsmyth said:
A simple cover letter explaining that you are applying under 4 years + 1 year rule due to your past break in continuous residency.

No need to worry. Being off on your travel date by a few days is not an issue unless you have a borderline case.
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My Case is almost a boarder line case in the sense, i plan to apply on the dot of completing 4 years and 1 day (Feb 3rd 2010) since my arrival on 2nd Feb 2006. as for physical presence i would have 36 months and a couple of days. but its the coninous residence. i know that the case was harder if there is a possibility of dates being offset by a couple of days and applying N400 on the dot of completing 30 months physicaly present.

would you say i should apply on the 3rd of feb or should i wait for another week, lets say perhaps till the 10th of February ?
 
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sreeleshk said:
My Case is almost a boarder line case in the sense, i plan to apply on the dot of completing 4 years and 1 day (Feb 3rd 2010) since my arrival on 2nd Feb 2006. as for physical presence i would have 36 months and a couple of days. but its the coninous residence. i know that the case was harder if there is a possibility of dates being offset by a couple of days and applying N400 on the dot of completing 30 months physicaly present.

would you say i should apply on the 3rd of feb or should i wait for another week, lets say perhaps till the 10th of February ?
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When you look at the big picture, applying a few days after Feb 3rd will bring you peace of mind instead of having to worry about it in case your travel dates are off by a few days.
 
Bobsmyth said:
When you look at the big picture, applying a few days after Feb 3rd will bring you peace of mind instead of having to worry about it in case your travel dates are off by a few days.
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Bob, i understand what you are suggesting me but if the date of my entering USA, after the trip longer than a year (feb 2 2006) is in question and with a chance of being offset, it makes sense, I have met the physical presence criteria, have more than 6 months to it, so shouldnt i be fine on the 3rd of feb as i am sure and have the the stamp in the passport about the entry on 2/2/2006 at the POE ?

Again , would they have the information at their end, to see if they are perfect match? if so is there a way for me to get that information from whatever department/agency so i could have it and use the precise information to fill my N400 ?
 
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sreeleshk said:
Bob, i understand what you are suggesting me but if the date of my entering USA, after the trip longer than a year (feb 2 2006) is in question and with a chance of being offset, it makes sense, I have met the physical presence criteria, have more than 6 months to it, so shouldnt i be fine on the 3rd of feb as i am sure and have the the stamp in the passport about the entry on 2/2/2006 at the POE ?

Again , would they have the information at their end, to see if they are perfect match? if so is there a way for me to get that information from whatever department/agency so i could have it and use the precise information to fill my N400 ?
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It's ok to apply on Feb 3rd if you are certain that your travel dates are more or less correct and a few days off wouldn't put physical presence into question.
 
thanks for the confidence booster, :)


physical presence is like 36.5 months, and the dates if at all happen to be different coz of the offset of dates, may be like 4-5 days in total
 
sanjoseaug20 said:
110 days ... nothing to worry about.

If you do not have passport stamps, you are reporting more days out than the CIS systems might show, and I do not see a big issue with that ... issue will be if you did not report a trip had in their computer.
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Passport stamps (or lack thereof) are not reliable indicators of what USCIS has in their system. They often record the arrival in the system without stamping the passport.

But I agree that 110 days total is nothing to worry about.
 
Jackolantern said:
Passport stamps (or lack thereof) are not reliable indicators of what USCIS has in their system. They often record the arrival in the system without stamping the passport.
Click to expand...


-Can you get/request the USCIS to share the information in their system with you
 
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