ATIP Short by 5days on residency

[Canadiandesi2006]

For the US report, just use this:

https://i94.cbp.dhs.gov/I94/request.html

FOIA might take long (I read people getting it in a week though): https://foiaonline.regulations.gov/foia/action/public/home

And for CBSA, use this:

https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en

I hope it helps...maybe I'm wrong and somehow you can get accepted anyway. I've read about people being accepted before (as above), but you can't really verify anything on the internet. If someone can perhaps reference any paragraphs in the citizenship law that can somehow permit someone to become a citizen despite falling short, I would greatly appreciate it!

Thanks for sharing the above details for other user to request his/her travel history. I really feel bad for the other users who is so closely missing the target. I sincerely wish and pray, may these reports help him to prove CIC miscalculated his days and get his case approved.

 

[links18]

How did you self declare and did you apply for ATIP ?

It means he knew he was short on physical presence days, but applied anyway. He told IRCC/CIC he was short up front, hoping his application would be judged on a qualitative residency test rather than strict physical presence. The standard under the old law was "residence" not "physical presence." Physical presence was considered by CIC to be a definitive measure of residence (although not every Citizenship Judge always agreed), but there were other legal tests under which one could qualify for citizenship even lacking sufficient physical presence days. Such tests can still be applied for people who are under old law-although its generally at the discretion of IRCC/CIC or citizenship judge.

 

[YNSAFDARI]

Again my question is do they take 4 months to refuse the application ? as the last note on the ATIP was of Dec 5th 2015, and I appeared for my 2nd test on Nov 19th 2015. Also I've checked the ATIP and I feel that some days which CIC has mentioned as "undeclared i94 USA" are not correct. I do not intend to blame CIC or citizenship officers but I really wish and hope that they consider my case under qualitative value rather than quantitative, specially because all my family members who had landed with me have become citizens and I am the only one left (had to travel coz of the business and for my father who passed away in 2014 and for my mother).
I am comforting myself by thinking that the reason for not getting the OATH so far is because they will not refuse my application and soon I will get my OATH letter.

 

[Exports]

Again my question is do they take 4 months to refuse the application ? as the last note on the ATIP was of Dec 5th 2015, and I appeared for my 2nd test on Nov 19th 2015. Also I've checked the ATIP and I feel that some days which CIC has mentioned as "undeclared i94 USA" are not correct. I do not intend to blame CIC or citizenship officers but I really wish and hope that they consider my case under qualitative value rather than quantitative, specially because all my family members who had landed with me have become citizens and I am the only one left (had to travel coz of the business and for my father who passed away in 2014 and for my mother).
I am comforting myself by thinking that the reason for not getting the OATH so far is because they will not refuse my application and soon I will get my OATH letter.

Does ur ATIP show any note that citizenship judge hearing required or in queue.
As I understand there is long queue for CJ hearing depending upon relative office. I had asked for ATIP of time frame for CJ hearing only after test. It is avg 19 months for Scarborough and 36 months for Mississauga. So u can imagine how much time they will take for the judge hearing..

Also in other cases in Vancouver or Montreal have seen candidates getting CJ hearing almost a year after. So depends what to do? In my case also self declared less days- i feel the CO Was biased/ lazy not to check the entry / exit record and upfront said me - do u think I am goin to check all the stamps and docs ? U will go for CJ HEARING DUE TO LESS DAYS-- I analyzed her behaviour only after months of reading since there was no point that she shud Hv referred for CJ HEARING as it was self declared less days and she should Hv verified all the stamps- the rq was pre test many months befor with finger print... Only think I guess she was lazy after seeing the bunch--- I don't know if she will ever realize in her life what difference she made to my life Becoz of this...

 

[Canadiandesi2006]

Again my question is do they take 4 months to refuse the application ? as the last note on the ATIP was of Dec 5th 2015, and I appeared for my 2nd test on Nov 19th 2015. Also I've checked the ATIP and I feel that some days which CIC has mentioned as "undeclared i94 USA" are not correct. I do not intend to blame CIC or citizenship officers but I really wish and hope that they consider my case under qualitative value rather than quantitative, specially because all my family members who had landed with me have become citizens and I am the only one left (had to travel coz of the business and for my father who passed away in 2014 and for my mother).
I am comforting myself by thinking that the reason for not getting the OATH so far is because they will not refuse my application and soon I will get my OATH letter.

I sincerely wish the CIC overlook 5 days short and approve your case. Strangely CIC does request RQ, invite candidates for Citizenship tests. At times even after passing the test, CIC raise issue of candidates shortage in required days to categorized it as "Non Routine".

As you are aware most of the non-routine applications are assigned for Citizenship Judge's hearing. Reader "Export" clearly highlighted how much longer it takes and in my experience most of the cases positive outcome is rare. Now, its your judgement call.

My personal opinion, if you'r eligible under the new rule 4/6 yrs, might consider re-applying than waiting endlessly, as its not worth.

 

[links18]

If you think CIC is wrong in calculating your days or that the US I-94 records are incorrect then you may want to engage legal counsel to make that argument. They are not supposed to rely on those records alone to demonstrate residency. In other words, don't concede the quantitative test too early.

 

[links18]

As you are aware most of the non-routine applications are assigned for Citizenship Judge's hearing. Reader "Export" clearly highlighted how much longer it takes and in my experience most of the cases positive outcome is rare. Now, its your judgement call.

Most non-routine applications are eventually approved without a CJ hearing. If OP can present evidence that the alleged shortage is questionable, citizenship officer might decide to approve on their own, given that it is only a few days and OP has strong ties to Canada. But this would require that OP not give up too early and concede the issue.

 

[YNSAFDARI]

What is the best way to address the issue, like through my ATIP i found that I am 1091 days, meaning short of 4 days according to the officer. Should I write a letter or call CIC to find out or wait for their letter or refusal (hope not). Please advice.

 

[links18]

What is the best way to address the issue, like through my ATIP i found that I am 1091 days, meaning short of 4 days according to the officer. Should I write a letter or call CIC to find out or wait for their letter or refusal (hope not). Please advice.

The first thing you need to do is to decide if you think CIC is right and you are really short those days or if you dispute this finding. Your strategy going forward will require you to answer this question.

 

[Canadiandesi2006]

What is the best way to address the issue, like through my ATIP i found that I am 1091 days, meaning short of 4 days according to the officer. Should I write a letter or call CIC to find out or wait for their letter or refusal (hope not). Please advice.

Short of 4 days is too negligible but yet tricky considering the CIC history of dragging such cases all the way for Citizenship Hearing. As share by other user the wait time for CJ hearing is long plus the outcome is unpredictable, you may or may not get approved in the end.

Considering your own situation, pros and cons, you have to decide the next step either to wait and see if you are assigned to CJ hearing or you want to withdraw and re-apply.

In case if you want to re-apply, have a month or more extra days over 1460 days before you re-apply. Depending upon your local office, the new application might take about 6-9 months or even less but at least its hassle free.

Whereas if you get CJ hearing for pending application, it might take longer yet there is no guarantee that CJ will approve it.

 

[links18]

Withdrawing an application may very well get you an RQ and your application deemed non-routine the next time you apply. If you think you have a good application, I am not sure what you lose by seeing it through. You will not necessarily go to CJ hearing if you can convince a citizenship officer its not worth it to continue to obstruct. But, once again, you need to decide if you agree or disagree with CIC's findings.....

 

[Exports]

First make sure is the case referred for CJ? Some have been approved without intervention of CJ for less num of days also depending upon office.
If no CJ hearing; there is no need to worry. Also be prepared with your new updated calculator suggesting that you are eligible under new rule also.

 

[FutureCanadian]

Ynsafdari: What is your office ? Are there any candidates who got oath even with shorter than 1095 days under pre-Jun 11, 2015 rule ?

 

[YNSAFDARI]

Ynsafdari: What is your office ? Are there any candidates who got oath even with shorter than 1095 days under pre-Jun 11, 2015 rule ?

My office is BC, I applied when I was residing in Surrey but now have moved to Richmond. And am not sure if other candidates got oath even with shorter than 1095 days under pre-june 11, 2015 rule.

 

[FutureCanadian]

My office is BC, I applied when I was residing in Surrey but now have moved to Richmond. And am not sure if other candidates got oath even with shorter than 1095 days under pre-june 11, 2015 rule.

Have your ATIP ordered and then see the details on the case