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Q: USA Citizenship/Naturalization-Physical Presence (Canadian Trips) ( Answered 5 out of 5 stars,   0 Comments )
Subject: USA Citizenship/Naturalization-Physical Presence (Canadian Trips)
Category: Relationships and Society > Law
Asked by: rupertlawar-ga
List Price: $15.00
Posted: 20 Jun 2006 12:26 PDT
Expires: 20 Jul 2006 12:26 PDT
Question ID: 739731
Dear Sir, I have been a Permanent Resident since Sept 1998 and I wish
to apply for my naturalization. I am in the Music business and I go
abroad on tour to perform quite often. In the past 5 years I have
taken numerous trips outside the US. None of my trips have ever
exceeded 180 days (6 months). I have always returned back to the US
with in the 6 months limit. The longest trip I ever made was 173 days.
(Total number of days I have stayed outside USA are 855 Days)

In addition to the above, I have also made a few short trips to Canada
which I have no record of. Thats because I went to Canada with my
green card but my passport was never checked or stamped by the
Canadian immigration. Nor was it checked or stamped by US immigration
when I returned back to USA. (Only my Green Card was Swiped upon

How do I go about this because I wish to apply for my naturalization
but I do not have the exact travel dates of my trips to Canada. Kindly
throw some light on this matter. Thank you.
Subject: Re: USA Citizenship/Naturalization-Physical Presence (Canadian Trips)
Answered By: hummer-ga on 20 Jun 2006 15:49 PDT
Rated:5 out of 5 stars
Hi rupertlawar,

The best thing for you to do is to request Freedom of Information
Act-USCIS to release copies of all documents regarding your U.S.
arrivals and departures. It is the only way to know for sure which
trips they have recorded, and to avoid any discrepancies, it is a good
way to double-check your info against theirs. You'll find full
instructions with Form G-639 regarding what is required to request
information via FOIA/USCIS.

Freedom of Information Act (FOIA)
may be used for this purpose, but is not required..."

FORM G-639
Freedom of Information Act/Privacy Act Request
NOTE: Please read all Instructions carefully before completing this form.
Except for commercial requesters, the first 100 pages of reproduction
and two hours of search time will be provided without charge.
Thereafter, for requests processed under the Privacy Act, there may be
a fee of ten cents per page for photocopy duplication.
Fees will only be charged if the aggregate amount of fees for
searches, copy and/or review is more than $14.00. If the total
anticipated fees amount to more than $250.00, or the same requester
has failed to pay fees in the past, an advance deposit may be
No fees are required until you are notified by USCIS during the
processing of your request.
Other costs for searches and duplication will be charged at the actual direct cost.
A notarized example of their signature or sworn declaration under
penalty of perjury must also be provided. (This Form G-639 or a U.S.
Department of Justice Form 361,
Certification of Identity, may also be used.)

I'm happy to be able to pass this on to you. If you have any
questions, please post a clarification request and wait for me to
respond before closing/rating my answer.

Thank you,

Request for Answer Clarification by rupertlawar-ga on 20 Jun 2006 17:01 PDT
Hello Hummer, 

Thank you for your prompt response. I am curious to know as to how
long it normally takes to get all my "arrival & departure" information
back from USCIS once I apply for FOIA ? Your reply will be greatly

Clarification of Answer by hummer-ga on 20 Jun 2006 19:43 PDT
Hi rupertlawar,

Multitrack Processing:
"FOIA requests are placed in one of two tracks. Requests for a
relatively small number of specific documents that require 20 days or
less to process are in the first track. Track two is for complex,
voluminous requests which require more than 20 days to locate, review,
and prepare the records for disclosure."

6. How quickly will you respond to my request?
"...The law requires that federal agencies respond to you within 20
days of the receipt of the request, excluding weekends and holidays.
Especially complex or voluminous requests may need additional time. If
your request cannot be answered within the twenty day period, you will
be contacted to either narrow your request to allow for a timelier
response, or to accept a delay in delivery."

How long does it take to get information under FOIA?
"Once the right agency (or component of an agency) has received a
complete and perfected request, it has 20 working days to respond with
its determination of whether to grant the request.
If information is denied in full or in part, the agency must give the
reasons by this deadline. If it grants a request, the agency does not
have to deliver the applicable documents within the time frame, but
must do so promptly thereafter.
FOIA allows agencies additional time to process requests in ?unusual
circumstances,? including 1) the need to search for and collect
records from separate offices; 2) the need to examine a voluminous
amount of records required by the request; and 3) the need to consult
with another agency or agency component.
Many times agencies cannot meet the time limits, owing to the
complexity of the request or to a backlog of prior FOIA requests. In
that case, agencies typically process requests on a first-in,
first-out basis. Some agencies multitrack requests, allowing simpler
requests to move through the system more quickly. Agencies sometimes
expedite urgent requests if a ?compelling need? is shown."

FOIA - How Long Does It Take?
Pursuant to E-FOIA of 1996, Agencies have twenty (20) business days to
respond to a FOIA request. This period does not begin until the
request is actually received and acknowledged by the FOIA Officer. If
a request is sent to the wrong office or sent directly to an EPA
employee other than the FOIA Officer, this is considered a misdirected
request in which the 20 day response time does not apply and may
result is a delayed response. Twenty days to respond means the Agency
has up until the end of the twentieth day to notify the requester of
its decision to release or withhold requested documents. Documents may
be provided within a reasonable time afterward.!OpenDocument

Doesn't sound too bad (compared to how much waiting you've done already!). 

Request for Answer Clarification by rupertlawar-ga on 21 Jun 2006 07:25 PDT
"Doesn't sound too bad (compared to how much waiting you've done already!). 
Very True :) Thank You very much Hummer. You have been alot of help. 

Cheers !!!

Clarification of Answer by hummer-ga on 21 Jun 2006 07:54 PDT
You're welcome, rupertlawar, it has been a pleasure. Good luck with
your FOIA and subsequent naturalization process! Take care, hummer
rupertlawar-ga rated this answer:5 out of 5 stars

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