skg

Hi,
I am 10 days away from filling my N-400 based on three years of
marriage to my better half. I just have a few queries.

(1) Since the N-400 is a generic form to cover all applicants, I can
safely answer the employment and address questions based on three years
and need not give them information for the last five. Am I correct in
assuming this? (Based on F.'s posts I will annotate the form by hand
and cross out the word five and replace it with three)

(2) I have a single traffic citation before I moved to the US from
Canada. I will mention it of course, but the new intructions clearly
state that I do not need send documentation for that. Am I correct in
assuming this?

(3) How are days absent calculated? For example, on one trip to
Canada, I left on 03/13 and returned 03/16. Now is that 2, 3 or 4 days
absense? I remember when I underwent naturalisation in Canada, even
partial days in Canada were considered as having spent the entire day
in Canada. Thus such a trip would be two days absense according to
CIC. Does the same apply for USCIS? On my last trip to Canada I left
the US on 06/15 and returned 06/16. Is that 1 or 2 days absense?

Any input/advice would be appreciated.
Regards,
S K Ghori [email protected] http://www.vex.net/~skg/

**NOTE**
I have lived in nine different countries. Dual Pakistani and Canadian
citizen, less than 2 weeks away from qualifying to apply for
US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments
should NEVER be considered as legal or professional advice as they
are not meant to be such.

Ray

1. I don't see why that should be ... but bow to Mr Fs knowledge

2..Note that unless a traffic incident was alcoholor drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was afine of less than $500 and/or points on your driver's license.

That would be what it says ...

3.. List trip lasting over 24 hrs is the instruction... easiest way would be to count the number of nights.. if over one ...

Folinskyinla

Hi:

You raise an interesting question on this one. I recall that the AILA national maven on naturalization beleives that the PROPER rule for the US is the same as Canada. So if you left in the wee hours of 3/13 and returned late on 3/16, you had two days of absence. Under such rationale, your example of leaving on 6/15 and returning on 6/16, you had NO absense.

That said, I've observed that CIS seems to treat the 3/13 to 3/16 as an absence of 3 days and 6/15 to 6/16 as one day. For most people, there is no harm in following this practice.

However, if you have been out so much that you need the advantage of what you describe as the Canadian rule, it would probably be more prudent to delay your application until you don't need that interpretation. Why pick an unnecessary fight? [BTW, I just went to an N-400 interview the other day where client had previously filed N-400 and was nicked on the quality of her longish absences of nearly a year for academic studies. When she came to me, I said it was better to wait two months and simply file another one. We had no problem on the second one.]

With a naturalization, you have control when you file. I know that I am a little conservative and wait a bit before filing to avoid timing questions. However, in another context, there is a type of relief from deportation called "cancellation of removal" which requires ten years of continuous presence [the statute is weird in that it retains language from preceding law about "immediately preceding" the date of the application, but then later puts in various "stop-time" rules]. I recall a case from a year or so ago where the person entered the United States on, lets say, December 10, 1989 and was placed in removal proceedings on December 10, 1999. I'd have to look up the case, but I recall that the Court weaved a web based upon the two provisons of "immediately preceding" the date of application and the "deem to end" in the stop-time provision. I note that there is a similar dichotomy of language in the naturalization provisions.

Again, is this of real importance in your case?

skg

F.,
Not at all. I have taken a total of 9 trips outside the US since
becoming a PR. 7 of those trips were weekend trips (a few 3 day
weekends) to Canada. Total number of days outside the US is 57 :)
Regards,
S K Ghori [email protected] http://www.vex.net/~skg/

**NOTE**
I have lived in nine different countries. Dual Pakistani and Canadian
citizen, less than 2 weeks away from qualifying to apply for
US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments
should NEVER be considered as legal or professional advice as they
are not meant to be such.


Folinskyinla wrote:
    > Again, is this of real importance in your case?
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