Spouse, 2 step kids and our child

[Mike E 11,739]

9 minutes ago, Timona said:

 

Simple. One of them ended up with more $$..

 

25/ 3 means 1 person's pot had 9, the others got 8 in their pots. So essentially, the bellhop should have only given 2 of them $1 each to make it an even $27. He would have then pocketed $3.

 

Bellhop failed mathematics. The salesmen will eventually figure out that $28 doesn't make sense being they were three. So either bellhop should have given only $2 or asked the manager for $6

 

8 minutes ago, Family said:

The missing 1 is still missing on final tally …much like the missing travel day if less than 24 hours. Lol 

🤦‍♂️🌴

[arken 4,197]

2 hours ago, Mike E said:

Exited Jan 20 returned Jan 24 

 

You say that is 3 days of absence. 
 

You get that by:

 

24 - 20 -  1 = 3

No i didn't use the math like you because one can use the math anyway one likes to skew the answer. 
 

I used the physical presence concept.

Jan 20: OP was physically present in the US

Jan 24: OP was physically present in the US

Jan 21, 22 and 23: OP was not physically present in the US

 

So 3 days of absence.

[arken 4,197]

2 hours ago, Mike E said:

So when ReturnDate and DepatureDate are equal, DaysOfAbsence equals —1

 

Illogical and bad math.  
 

If a person leaves US and comes back the same day or even next day, days of absence is zero because he was physically present in the US, no math involved. 

 

2 hours ago, Mike E said:

 

On your Jan 24 to Jan 25 trip being counted as zero days of absence that would mean:

 

depart 12:01 AM, return 11:00 PM the next day, depart 11:59 PM return 11:00 PM the next day, depart 11:59 PM, etc and this endless pattern counts as zero days as absence.  No one in USCIS is going to buy that.

 

We can choose to use VJ to provide correct responses for the ones asking for it or just ridicule it by making ridiculous hypothetical arguments. I choose the former.

 

Clarifying it for the last time:

The person is physically present in the US on the day of departure and the day of arrival. So just count the days between those two dates while excluding both days for the total days of absence. No funky math. It will either be 0 or a positive number.

 

[pushbrk 12,898]

15 minutes ago, arken said:

If a person leaves US and comes back the same day or even next day, days of absence is zero because he was physically present in the US, no math involved. 

 

 

We can choose to use VJ to provide correct responses for the ones asking for it or just ridicule it by making ridiculous hypothetical arguments. I choose the former.

 

Clarifying it for the last time:

The person is physically present in the US on the day of departure and the day of arrival. So just count the days between those two dates while excluding both days for the total days of absence. No funky math. It will either be 0 or a positive number.

 

The above is correct, in my opinion.  There are a lot of misunderstood and misinterpreted "instructions" and "descriptions".  Literal is best.  If you were present in the USA for any amount of time during a given day, you were present that day, PERIOD.  

 

A similar misinterpretation abounds regarding out and in trips from the Philippines.  Many say you must leave for 24 hours, but that is a misinterpretation that has been widely propagated.  The real rule is you must return on a different day than you left.  I was present in the Philippines on March 20 (when I departed) and on March 21 when I returned after 10.5 hours.  No problem re-entering and resetting a new three years. 

 

Again, regulations and instructions are carefully worded with the intent the literal meaning will be applied.

 

In a case where physical presence is being determined, being out of the country less than 48 hours, is the same as not leaving, when counting days of presence.

Edited June 28, 2022 by pushbrk

[Family 4,004]

2 hours ago, arken said:

We can choose to use VJ to provide correct responses for the ones asking for it or just ridicule it by making ridiculous hypothetical arguments. I choose the former.

Since FAM does not spell out how they calculate, only that they input dates in their software , all our suggestions are hypothetical at best, no matter how strong our convictions. Be it a dozen or a baker’s dozen…

It is worthy to note, that Officers adjudicating the CBRA are instructed to print out and place  in the file, results of the math performed by the “ physical presence calculator “ ( if u read link in my earlier post) but he was not told how much time he was missing, what or how they arrived at the calculation.

 

 

OP was wrongfully DENIED his first application , even though he DID tell and ask the Officer specifically if his previous PHYSICAL PRESENCE prior to becoming LPR could be counted and was told NO. 
 

It is only from VJ engagement from ALL of you  ( including those I disagree with ) that he is in a position to make a solid argument and WIN his case this time around, because he has a good Thirty Days ( from the two visits prior to LPR) as a cushion….AND can at least DEMAND to see HOW they calculate and how “ short “ he was deemed 

 

 

[arken 4,197]

5 hours ago, Family said:

Since FAM does not spell out how they calculate, only that they input dates in their software , all our suggestions are hypothetical at best, no matter how strong our convictions. Be it a dozen or a baker’s dozen…

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4
 

Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization. The continuous residence ^[2] and physical presence requirements are interrelated but each must be satisfied for naturalization. 

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes. ^[3] 

 

If there is a uscis internal calculator, it will count the day of arrival and departure as physically present in the US per their own policy.

 

5 hours ago, Family said:

OP was wrongfully DENIED his first application , even though he DID tell and ask the Officer specifically if his previous PHYSICAL PRESENCE prior to becoming LPR could be counted and was told NO.

I don't think he was wrongfully denied. OP didn't even provide the days present prior to becoming LPR in his application. He simply asked about it after he was denied. He was told "NO" and "i don't know". On top of that OP hasn't still mentioned what exact evidences he provided. Even if they were to accept OP's physical presence as visitor, it will be just 5 yrs and 10-15 days of presence. He will still be denied again if he simply provides tax or social security statements as proof of physical presence. Those can apply even if one is staying abroad. He would need a strong records of this arrival and departure dates when he is right at the edge of qualification. So far he hasn't said what documents he has collected.

Edited June 28, 2022 by arken

[Mike E 11,739]

2 hours ago, arken said:

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes. ^[3] 

Good luck with that.  I read that when I filled out my own N-400. Because  my travel required 3-4 extra pages I put it all in a spreadsheet and carefully wrote the formula for each duration cell in the spreadsheet to subtract 1 from the difference on dates. If the result was negative I reset the duration of absence to zero.  Not that I had any such trips in the previous 5 years before filing.  
 

At interview the IO told me I calculated my durations wrong, added 1 to each trip’s duration.  I signed off as it made no material difference to my continuous residency and the required physical presence. Besides which  I thought what was on the USCIS website was illogical bunk anyway.  
 

And this is DoS adjudicating a CRBA, not USCIS adjudicating an N-600, neither of which are an N-400.  It says “for naturalization purposes” it doesn’t say, “for purposes of determining automatic citizenship at birth on the basis of physical presence of a parent” 

 

Whereas we know the physical presence test is different between N-400 and CRBA: for the former only days as an LPR count.  For CRBA, days of presence while  an LPR, non immigrant alien, alien with no status, alien with unauthorized  presence, and citizen count.  
 

Where I am in violent agreement is that OP needs to document days of physical presence before becoming an LPR. What mystifies me is if the oft referenced form from DoS was even filled out.