Trips outside the US

[TracyTN 237]

Sorry if this has been asked here before, but if it has, I didn't find it (or am too brain addled today to have found it. It seemed like similar questions have been asked but none that match this exact situation.

I have 2 coworkers who want to apply for citizenship but have been LPRs for 20+ years. What's stopping them from filing is part 7 of the form, letter C which says to list all trips over 24 hours long outside that US that you have had since you became an LPR. Obviously they can't remember all of them and don't have their old passports anymore. When you read the N 400 instructions for part 7, letter C, it says to list trips outside the US over 24 hours in the last 5 years. So which is it?? LOL. Has anyone in this situation just listed the 5 years worth of trips and had any issues with it once getting to interview?

Thanks in advance.

[v333k 59]

Hi there,

From the way I understand it, they need to list trips only the past 5 years. This determines their eligibility. Other sections that ask for criminal records and such obviously do not have that 5 year restriction and require an entire history.

Cheers!

Edited October 21, 2010 by v333k

[Kathryn41 3,205]

you have to meet the physical presence requirement and the continuous residency requirement within the 5 years immediately prior to filing for US citizenship. They can include trips before that to the best of their recollection (and state that) but it is the trips during the qualifying period that matter. There is a great publication from USCIS called "A Guide to Naturalization" that explains all of the requirements very well and includes a checklist that one can use to make sure one meets all of the requirements. This is something they should print out and study as it is invaluable in preparing for filing for citizenship as well as the citizenship interview: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=598da2f39b1ab210VgnVCM100000082ca60aRCRD&vgnextchannel=598da2f39b1ab210VgnVCM100000082ca60aRCRD

[TracyTN 237]

Thanks Kathryn. I had breezed through the guide yesterday when they asked me but I obviously wasn't paying close enough attention. I do think that the N 400 instructions and the form itself kind of confuse you when they essentially say two different things. I'll let them know!

[NickD 202]

Better change my comment, wish they would have changed that how many days out of the country in the last "five years" to "since becoming a lawful permanent resident" due to the 3 year marriage requirement that was equally confusing.

But what about people that were a LPR for the past twenty years? That certainly wouldn't work for them, here that five year limit is good for them.

They could do this with Adobe Acrobat.

If you checked "A" under Part 2, a LPR for five years "A" under Part 7 stays at a "five".

If you checked "b" under Part 2, a LPR for five years "A" under Part 7 changes to a "three".

Then I think everyone should be happy.

But on the other hand, if you were out of the country long enough to jeopardized your green card isn't that about the same period of time to make you ineligible to apply for US citizenship?

If that is the case, could even completely drop part 7 as it is redundant. Can also drop Part 8, because your spouse would have never received a green card with marriage unless you already have supplied all that information.