part 9, Q3 Time out the US

[Zaidba 39]

Hello Friends

Appreciate your informed replies for the following issue in part 9, question 3 because it is confusing me.

I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is 9 months and few days. I intend to file N 400 in may, it will be 4 years and  7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).

The confusing issue in the schedule in question 3 because it asks you to list trips during the last 5 years and that is fine, but then it asks the date you left the US and the date you came back and if the trip lasted more than 6 months and number of days outside the US.

How do I fill this schedule? Do I put departure date December 22, 2013? If so, I will have to answer "Yes" to the question if the trip lasted more than 6 months, and I will have to count the days for the 9 months and few days and this whole thing will be breaking continuous residence. Or should I bound myself to the last five years and put the date May 2014 and answer "No" and count 5 months??

Please if you know how to answer this question let me know how to answer the three parts (date left the US, did it last more than 6 months, Total days outside the US)

 

[Lil bear 4,087]

6 minutes ago, Zaidba said:

Hello Friends

Appreciate your informed replies for the following issue in part 9, question 3 because it is confusing me.

I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is 9 months and few days. I intend to file N 400 in may, it will be 4 years and  7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).

The confusing issue in the schedule in question 3 because it asks you to list trips during the last 5 years and that is fine, but then it asks the date you left the US and the date you came back and if the trip lasted more than 6 months and number of days outside the US.

How do I fill this schedule? Do I put departure date December 22, 2013? If so, I will have to answer "Yes" to the question if the trip lasted more than 6 months, and I will have to count the days for the 9 months and few days and this whole thing will be breaking continuous residence. Or should I bound myself to the last five years and put the date May 2014 and answer "No" and count 5 months??

Please if you know how to answer this question let me know how to answer the three parts (date left the US, did it last more than 6 months, Total days outside the US)

 

I located this resource which discusses similar situations. While it doesn’t state exactly how to fill 

in the dates etc, it provides some options to consider. It seem that the guidelines for situations such as yours are not hard  and fast 

https://www.ilrc.org/sites/default/files/resources/continuous_residence_practice_advisory_final.pdf

 

[Zaidba 39]

34 minutes ago, Lil bear said:

I located this resource which discusses similar situations. While it doesn’t state exactly how to fill 

in the dates etc, it provides some options to consider. It seem that the guidelines for situations such as yours are not hard  and fast 

https://www.ilrc.org/sites/default/files/resources/continuous_residence_practice_advisory_final.pdf

 

Thank you, these are very useful details but as you said do not tell how to fill the schedule.

[Lil bear 4,087]

32 minutes ago, Zaidba said:

Thank you, these are very useful details but as you said do not tell how to fill the schedule.

You need to read this information for yourself and determine how to complete it. I don’t  think you will find anything more definitive. 

[Zaidba 39]

12 hours ago, Lil bear said:

You need to read this information for yourself and determine how to complete it. I don’t  think you will find anything more definitive. 

That is exactly what I did, and I can see that I can apply 5 months before the anniversary of my return, I also realize that I will not find literature that would explain how to fill out the schedule in my case. I am hoping to find people who have been in similar situation and can state their experiences and the outcome.

Thank you for your feedback

[xyz12345 260]

3 hours ago, Zaidba said:

That is exactly what I did, and I can see that I can apply 5 months before the anniversary of my return, I also realize that I will not find literature that would explain how to fill out the schedule in my case. I am hoping to find people who have been in similar situation and can state their experiences and the outcome.

Thank you for your feedback

Just a suggestion...

 

If you do paper application, this is not really a problem. For the 6+ month trip, you can still put in the actual date you left and came back and the actual number of days of this trip. I would just put an asterisk right after the total days for this trip (if possible). Then on the following empty row, I'll just put another asterisk with a small comment saying that X number of days of the 6+ month trip occurred more than 5 years ago (12/22/2013 - mm/dd/2014) and that total number of days from this 6+ month trip during the last 5 years (mm/dd/2014 - mm/dd/2019) is y.

 

Maybe you can also add a note than the number in Q1 is the total number of days during the last 5 years.

 

It says on the instruction if you need extra space, use additional sheets of paper.

 

 

You can try this online to see if you can overcome the total day calculator for Q1-3 or if possible, to send a pdf of explanations. But you can still add small comments in the empty rows.

 

 

Just my 2 cents worth....

 

 

[Zaidba 39]

On 4/27/2019 at 2:27 PM, xyz12345 said:

Just a suggestion...

 

If you do paper application, this is not really a problem. For the 6+ month trip, you can still put in the actual date you left and came back and the actual number of days of this trip. I would just put an asterisk right after the total days for this trip (if possible). Then on the following empty row, I'll just put another asterisk with a small comment saying that X number of days of the 6+ month trip occurred more than 5 years ago (12/22/2013 - mm/dd/2014) and that total number of days from this 6+ month trip during the last 5 years (mm/dd/2014 - mm/dd/2019) is y.

 

Maybe you can also add a note than the number in Q1 is the total number of days during the last 5 years.

 

It says on the instruction if you need extra space, use additional sheets of paper.

 

 

You can try this online to see if you can overcome the total day calculator for Q1-3 or if possible, to send a pdf of explanations. But you can still add small comments in the empty rows.

 

 

Just my 2 cents worth....

 

 

Thank yo sooo much, this is an excellent suggestion. I will try on the online form, otherwise file a paper form.