Days Absent from United States for My N-400

[cyclone27 710]

1 hour ago, MagicRay said:

In regards gaming with the system, this is the "system" - which I followed.

Well you were denied so I suspect the CO might have had similar view point that you did not meet the criteria. 

[xyz12345 260]

41 minutes ago, Mike E said:

Try this again in 2022. That way, Assuming you continue you 2017-2019 pattern of 3 months are so outside the USA, when you leave the USA between submitting your N-400 and the interview (and again between interview and oath) there will be no question about the math.  

 

Count your blessings that CBP never initiated proceedings to send  you to immigration court to strip you of your lawful permanent residence. 

yup, you're right about 2022. i said earlier about 4 years 1 day rule but OP most likely couldn't use that either since US presence was only 29% between 2014 and 2016.

[Mike E 11,739]

2 minutes ago, xyz12345 said:

yup, you're right about 2022. i said earlier about 4 years 1 day rule but OP most likely couldn't use that either since US presence was only 29% between 2014 and 2016.

Me I’d be petrified about being reported for abandoning residence, and I would stay home for the next 3 years.  

[cyclone27 710]

If the goal is to be a US citizen - you would think one would travel less and keep things nowhere near the redline.

 

After becoming a citizen then do what you like - this really isn’t that hard. 

[Nika1 1]

Days out of the country after your n400 submission are not counted towards those 912 days outside the country during five years(yours were 903), though  it needs to be mentioned at the interview.you should spend 30 months out of five years inside the USA at your n400 form submission day. You can leave the country for less than 180 days continuously to maintain your continues residency. I believe with a different officer you would get a different result. as a proof of your living here ,you can show your tax returns, car or health insurance, bank statements, any school attendance, mortgage, rent ...if you have proof of  any problem  or school attendance back home that made you stay Outside the country for a longer period of time, that will help too.I am sure you have a reason for your travels and did your best to maintain your continuous residency and physical presence, we can not and should not  judge you, cause we are not immigration officers.If you can provide your io with any kind of proof of your living here and explanation about the reason of your travels you can still get approved. 

 

Good luck

[MagicRay 3]

1 hour ago, Nika1 said:

Days out of the country after your n400 submission are not counted towards those 912 days outside the country during five years(yours were 903), though  it needs to be mentioned at the interview.you should spend 30 months out of five years inside the USA at your n400 form submission day. You can leave the country for less than 180 days continuously to maintain your continues residency. I believe with a different officer you would get a different result. as a proof of your living here ,you can show your tax returns, car or health insurance, bank statements, any school attendance, mortgage, rent ...if you have proof of  any problem  or school attendance back home that made you stay Outside the country for a longer period of time, that will help too.I am sure you have a reason for your travels and did your best to maintain your continuous residency and physical presence, we can not and should not  judge you, cause we are not immigration officers.If you can provide your io with any kind of proof of your living here and explanation about the reason of your travels you can still get approved. 

 

Good luck

I appreciate your words and I will provide such details in my letter when responding.  Thank you for your constructive response.

[N400NYC 380]

21 hours ago, Going through said:

It would be helpful for members to further clarify the travel time calculation if you were to post all entry/exit dates over the past 5 years. Without knowing the actual dates/time outside the US, it's hard for anyone to say whether USCIS is correct or not in their denial re: physical presence.

 

It's not the IO's job to ask if you've traveled abroad inbetween N400 filing and interview....it's something to be disclosed, whether they ask or not.

 

 

In my interview I offered the additional travel dates since n400 submission - even had a printed list - and the IO said “I don’t need it...any trips longer than 6 months?” (NO). And then he moved on....I assume that’s ok?! 

[Going through 5,671]

48 minutes ago, N400NYC said:

In my interview I offered the additional travel dates since n400 submission - even had a printed list - and the IO said “I don’t need it...any trips longer than 6 months?” (NO). And then he moved on....I assume that’s ok?! 

Every IO is different---if your travel history before submitting the N400 wasn't anywhere near to the maximum number then he likely didn't see it as a huge deal regarding your travel since applying.

 

With the OP, slightly different situation since his number of days outside the country were already close to the maximum days allotted, and the question of fulfilling the continuous/physical presence requirements would be of interest to the IO. 

[N400NYC 380]

7 minutes ago, Going through said:

Every IO is different---if your travel history before submitting the N400 wasn't anywhere near to the maximum number then he likely didn't see it as a huge deal regarding your travel since applying.

 

With the OP, slightly different situation since his number of days outside the country were already close to the maximum days allotted, and the question of fulfilling the continuous/physical presence requirements would be of interest to the IO. 

Makes sense! Yes, I was well under. 

[baba27 0]

my siutation same will they deny me too?

01/12/2017    05/01/2017        109
05/22/2017     10/19/2017       150
11/04/2017     04/04/2018       151
04/23/18        08/2/2018       101
07/10/2019    07/15/2019       5

 

 

[MagicRay 3]

In my opinion the more senior or active members have over reacted and are scaring others.  Just be honest and follow the rules and the system.  I will update my progress and hopefully it will help others during their process.  But then again I'm a newb so I don't know anything

[Going through 5,671]

8 hours ago, MagicRay said:

In my opinion the more senior or active members have over reacted and are scaring others.  Just be honest and follow the rules and the system.  I will update my progress and hopefully it will help others during their process.  But then again I'm a newb so I don't know anything

Let us know how your appeal goes---remember you have a limited amount of time to file for it.

[gregcrs2 1,778]

8 hours ago, MagicRay said:

In my opinion the more senior or active members have over reacted and are scaring others.  Just be honest and follow the rules and the system.  I will update my progress and hopefully it will help others during their process.  But then again I'm a newb so I don't know anything

Well, the more senior and active members are not in the predicament you created for yourself.  Hope it all works out for you.

[MagicRay 3]

Spoke with a few lawyers, they all say it's an uphill battle in regards with the way they have calculated the 2019 Jan till interview date of Dec 2019 absent days.  "When they feel like it" they will include the N400 submission date to interview absent days and also go back 5 years from the date of N400 submission - is because how the law can be interpreted in many ways.  So JUST IN CASE always include your N400 submission date to the interview date absent days for your 913 or less calculation and try to be less - hopefully this helps others.

 

 

Edited February 26, 2020 by MagicRay