How to find out my days in country? Freedom of Information?

[readyalready 0]

Hi Folks, 

 

Your help/advice would be must appreciated here. 

 

I applied under the 3 year/Married to US Citizen rule, but was denied based on too little time in country. I now have to reapply, however, my lawyer tells me that because the applicant processing took so long for my first application and, consequently, I now have my green card in excess of 5 year, I must reapply under the 5 year rule. 

 

My job takes me out of the country often as I work in international education. I believe that I have the right amount of time in country and there was definitely no stage that I was out of the country for more than 6 months at one time. However, because I travel so much it is very hard to calculate the exact times in and out of the country over such a long period. (I'm sure that I will have some comments in relation to not having kept on-going records throughout the time. I concede that it would have been much better if I had have kept more meticulous recored, but I didn't unfortunately and this is where I find myself).  

 

Is it possible to obtain the information that the USCIS has in relation to my movements in and out of the country for the past 5 years? Maybe through Freedom of Information? Has anyone tried this or other ways of obtaining this info? 

 

Thanks 

[Mike E 11,730]

You can try looking at your online I-94 record.  
 

But don’t you have emails of all your flight itineraries?

 

[payxibka 10,044]

34 minutes ago, readyalready said:

Hi Folks, 

 

Your help/advice would be must appreciated here. 

 

I applied under the 3 year/Married to US Citizen rule, but was denied based on too little time in country. I now have to reapply, however, my lawyer tells me that because the applicant processing took so long for my first application and, consequently, I now have my green card in excess of 5 year, I must reapply under the 5 year rule. 

 

My job takes me out of the country often as I work in international education. I believe that I have the right amount of time in country and there was definitely no stage that I was out of the country for more than 6 months at one time. However, because I travel so much it is very hard to calculate the exact times in and out of the country over such a long period. (I'm sure that I will have some comments in relation to not having kept on-going records throughout the time. I concede that it would have been much better if I had have kept more meticulous recored, but I didn't unfortunately and this is where I find myself).  

 

Is it possible to obtain the information that the USCIS has in relation to my movements in and out of the country for the past 5 years? Maybe through Freedom of Information? Has anyone tried this or other ways of obtaining this info? 

 

Thanks 

Certainly not the USCIS.   Possibly the CBP

 

Not sure why this is posted in a k3 forum 

Edited May 17, 2021 by payxibka

[Crazy Cat 39,866]

***Moved to US Citizenship General Discussion area****

[readyalready 0]

Thanks Mike E for your quick response. 

 

I have emails, but I travel a lot and my itinerary changes quite a lot on-the-go. So sometimes it's difficult to tell if I actually took a flight, or if it was changed.

 

I haven't heard of the I94. will check that out

[arken 4,197]

There wudn't be any i94 for GC holders in general. But some have said they cud see the record online. I have zero record of multiple trips after i got the GC. 

[Wafflebot 21]

FOIA is the right answer here, I've done it before a few years ago and I am currently waiting for a new request ahead of my N-400 interview. You'll want to submit a request to agency "CBP FOIA Division" and make it an "Entry/Exit" records request. https://foiaonline.gov/foiaonline/action/public/request

[PaulaCJohnny 712]

Did you tried check on the I-94 website from CBP?

https://i94.cbp.dhs.gov/I94/#/home

https://i94.cbp.dhs.gov/I94/#/history-search 

I don't know how much information they will show there but maybe can help you

Edited May 18, 2021 by Paula&Johnny

[MarkFL 0]

 It has to be done on https://foiaonline.gov/foiaonline/action/public/home

(The side for I94 is not for Greencard holder)

 

Creat a free account and request entry/exit records.  

You will receive a list of all your entries and exits to the US.

My list went back all the way to 1996.

It takes them about one month to get you your information.

 

When calculating your presence days, keep  in mind that the departure day and the arrival day back in the US counts as full presence day. So when traveling one week you are by calculation only 6 days away. 
Two weeks 13 days and so on…

 

Good luck! 

[Godobo 4]

This was helpful, thank guys 

[milimelo 4,283]

Don’t you have to file travel vouchers after each trip with your company? That should get you the dates/locations as it must match your itinerary so per diem is correct.