traveling to Canada....

[v333k 59]

Hi everyone,

My friends lives in Seattle and he goes to Canada around 1 every 4 or 5 months, and he occasionally stays there longer than 24 hours. He drives there so shows his GC leaving and entering the US without any passport stamps or anything. What should he do when he files for naturalization based on 5 years residence?

thanks in advance!

[canadian_wife 1,808]

When he naturalizes he will use his passport instead of his green card for exits and entry.

Good luck.

[v333k 59]

When he naturalizes he will use his passport instead of his green card for exits and entry.

Good luck.

Thanks. I understand that. There is a section in the N-400 that asks about all international travel done while LPR, and since he did travel but cannot show that with his passport, what should he do? Should he report those travel dates and the IO will know that driving to and from Canada doesn't normally have passport stamps or he doesn't need to write those in his application?

So, when he shows his passport, it will not show he traveled to Canada. However, if he doesn't write that down and the IO for some reason knows he did, then the IO might say that he didn't complete the application correctly and fail him. On the other hand, if he says that he did travel and he can't provide documentation for Exit/Entry stamps, then what will happen?

Thanks

[lucyrich 20]

The N-400 doesn't ask you to provide hard documentation for trips when no such documentation exists. It DOES, however, ask you to report all trips outside the US of greater than 24 hours that you've taken since becoming a lawful permanent resident. So go ahead and list them, to the best of your ability. If you don't remember all the details, then explain on a separate sheet just what the situation is, to the best of your ability.

Though the border crossing guards may not stamp a passport, that doesn't mean the computer doesn't record the fact that the passport and/or green card was scanned. There could well be records of some, maybe all, of the border crossings somewhere. If you fail to disclose any crossings, and you sign the N-400 indicating that everything is complete and correct, and then a few undisclosed crossings show up on the computer, that wouldn't look good at all. If you at least disclose everything to the best of your ability, and you note that you don't remember all details, and if the records in the computer are consistent with what you've disclosed, at least it won't look like you were trying to hide something.

[v333k 59]

The N-400 doesn't ask you to provide hard documentation for trips when no such documentation exists. It DOES, however, ask you to report all trips outside the US of greater than 24 hours that you've taken since becoming a lawful permanent resident. So go ahead and list them, to the best of your ability. If you don't remember all the details, then explain on a separate sheet just what the situation is, to the best of your ability.

Though the border crossing guards may not stamp a passport, that doesn't mean the computer doesn't record the fact that the passport and/or green card was scanned. There could well be records of some, maybe all, of the border crossings somewhere. If you fail to disclose any crossings, and you sign the N-400 indicating that everything is complete and correct, and then a few undisclosed crossings show up on the computer, that wouldn't look good at all. If you at least disclose everything to the best of your ability, and you note that you don't remember all details, and if the records in the computer are consistent with what you've disclosed, at least it won't look like you were trying to hide something.

Thanks... I was thinking this too, but wasn't sure if it is acceptable or not.

[canadian_wife 1,808]

Sorry, your question wasn't clear to me.

Since traveling from the US to Canada is pretty easy when one is a PR, it is perfectly acceptable to list the dates to the best of your ability and write a statement to that effect. As long as you make an attempt your friend should be fine.

[Kathryn41 3,205]

Basically, they are counting the days you are outside of the US to make sure you meet the continuous residency requirement and the physical presence requirements, not just to track your coming and going. Trips of a day or two every few months wouldn't add up to enough days to put the physical presence requirement at risk, so your friend should do the best he can to remember the dates he travelled and could include a note that this is to the best of his memory because he made frequent trips of short duration on a regular basis.

[antda 13]

Hi V333k,

Lol..I totally understand where your friend is coming from.....

Likewise, I travel back to Canada every 1-4 months since I live so close to the border (1-2 hours away driving by land) and have family/friends back in Canada....Lol..I is hard keeping track of such dates! On top of that, I'm a Canadian Citizen...so no passport stamps on my Canadian passport or record on the US side of things on my former Green Card for me either! My shortest trip to Canada...45 minutes....to renew my Canadian passport...And yes, I even "declared" that for the N-400 forms too, just in case (though I didn't have to declare trips less than 24 hours)......lol...

According to the N-400 form, they specifically ask the applicant to list "trips more than 24 hours" outside of the USA, which includes the following information: date you left the USA, date you returned to the USA, did your trip last more than 6 months, countries you traveled to, total days outside of the USA. The reason they ask this is to see if you have met the 'continuous residency' requirement in your eligibility for citizenship at the time and to see if you still have premanent residency status in the USA (you can't be more than 6 months outside of the country at one time or risk losing your status).

Try to remember as many trips as you can, to tbe best of your ability, as yes, they will ask for such when you apply for citizenship. Anything that you remember about these trips will certainly help. For example, did you travel back during a special occasion/event, season, etc., which hence will help you remember which exact dates you travelled on? Is there anyone you can ask that can help you remember such trips too (for example, did you visit anyone there?). Lol..I don't have any official records of my many trips driving over to Canada either..so I just have to rely on memory (and a little bit of help from others in remembering) there...So, start making a list and keeping a record now, if you haven't done such already, so that you will be ready when the time comes for citizenship

So I did list such trips to Canada, according to my own unofficial records, provided an explaination as to why I don't have official records in my Canadian passport (lol..trips back to Canada as a Canadian with a Canadian passport = no passport stamps), and said that if they wanted to verify my unofficial records they can find it themselves from their own official records (I can't be bothered additionally searching for and paying for records they might already have in their own government computers).

And yes, this did satisfy their requirements about recording such travels (lol..and they were impressed with my detailed list during the interview too!).

As well, I crossed out "five" and wrote "three-since permanent residency-applying based on marriage", and listed my trips since then....

What I would recommend for you (and for any everyone else) is to keep an unofficial record on your own about the trips you have made over the years. Use a calendar, list, or whatever else...So in case they do ask about such trips in the future, you have an unofficial record already, and can verify it with their own official records. As well, if you have any additional proof of your trips (ticket stubs, itineries/agendas, photos, cards, etc.) keep those and show those as well when asked.

Remember: Always tell the truth about such trips and you'll be ok there.

Hope this helps. Good luck with the rest of your immigration journey too.

Ant

Hi everyone,

My friends lives in Seattle and he goes to Canada around 1 every 4 or 5 months, and he occasionally stays there longer than 24 hours. He drives there so shows his GC leaving and entering the US without any passport stamps or anything. What should he do when he files for naturalization based on 5 years residence?

thanks in advance!

Edited February 20, 2010 by Ant+D+BabyA

[antda 13]

P.S. By the way....All of my "short trips" back to Canada since Permanent Residency (3 years+) added to a grand total of 15-20 days out of the USA.....

It didn't put my 'physical requirement' for Residency/Citizenship at risk at all!

Nevertheless, I still had to declare all of my trips....

As not declaring such trips would be worse....As that would be omitting/lying to an immigration officer..And that can be used against a person....

Lesson learned: Better safe than sorry No matter how big or small the trip...It is better to declare than to not declare at all!

P.P.S....On the bright side...After US citizenship...No need to worry about keeping track of when I travel between the USA and Canada....

I can come and go as I please...Stay in both countries as long as I want.....

Without having to worry about immigration offcials and/or worry about losing US residency status!

Yup...Yet another reason to have Dual Canadian/US Citizenship for me...Free to travel and stay in the USA and Canada for me...Yahoo!

Ant

Edited February 20, 2010 by Ant+D+BabyA

[NickD 202]

If there is any good news about this, if applying under marriage and 90 days ahead, only have to rack your brain for the last 33 months, for the five year, the last 57 months. Then keep track of your trips between the application and your interview, also between your interview and your oath ceremony.

As a natural born USC with sales and manufacturing offices and plants in Canada, made hundreds of trips, was just like traveling to a different state. Can't believe all this stuff was changed now without even a logical reason. And that 5 million square foot addition to Toronto airport just for security. If you ask me, our leaders are smoking crack. Especially when all those annoying terrorist came here legally.

With over 3,000 miles of unprotected border, only an idiot with ill intentions would take a main road or even worse, travel via the airlines. What are they thinking? But sure hell on the people traveling back and forth, legally.

[v333k 59]

Thanks everyone!

I appreciate your input and comments. I will tell my friend and we'll see what happens. I told him to just write down somewhere the trips he took and how long each one so that he can write them in when he applies but I wasn't sure about if he needs to provide proof of such visits, what he should do!

Thanks again