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Physical presence

ottogutierrez

Member
Apr 12, 2013
17
1
Hello,

I am starting to look into applying for Citizenship but have a question regarding the physical presence in Canada.
I have traveled to the US several times but they were only day trips (i.e. enter US in the morning, come back by evening). My questions are:

  • Do I have to count day trips (same day)
  • I don't have exact records of every day trip to US, is there a way to find out? or Can I put an approximate on application?

Thank you!
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
ottogutierrez said:
I am starting to look into applying for Citizenship but have a question regarding the physical presence in Canada.
I have traveled to the US several times but they were only day trips (i.e. enter US in the morning, come back by evening). My questions are:

  • Do I have to count day trips (same day)
  • I don't have exact records of every day trip to US, is there a way to find out? or Can I put an approximate on application?
The response by Juney is accurate, the current application process does not require applicants to declare day trips to the U.S. in the initial residency calculation.

If the applicant is issued a Residency Questionnaire, however, CIC currently is requesting the applicant also declare day trips. While most applicants have no reason to anticipate they will be issued RQ, probably a good idea to know the number and, as best can be reconstructed, the dates of day trips, even though you do not declare them in the residency calculation submitted with the application.

Remember that a "day trip" is taken literally based on the calendar, so that it is only a day trip if the PR exits and returns to Canada on the same calendar day. Thus, a return one minute after midnight is not a day trip, but must be declared and will count as an absence (even if, for example, it was a quick late-evening drive across the Rainbow Bridge in Niagara Falls to have a cheap dinner at U.S. prices and get a tank full of inexpensive gas, but upon returning the PR does not clear the PIL booth before midnight, then it should be declared and will count).


Government records reflecting travel dates:

CBSA and U.S. border records can help a PR reconstruct travel dates. They should not be relied upon exclusively. While they are ordinarily accurate, they are not necessarily complete. The applicant's travel declarations, in contrast, must be absolutely complete (except day trips).

A PR can request a copy of the CBSA travel history through the ATIP process. This is not complicated, takes around a month to get the results, and usually this will contain all or at least nearly all entry into Canada dates. Again, while this is increasingly complete for most, it should not be relied upon to be absolutely complete.

Those who have traveled to the U.S. can also obtain similar records from the U.S. I have seen reports that this has gotten considerably easier and faster than it was a couple years ago. I requested records from the U.S. months before applying for citizenship (back in 2013) and did not receive the records until many months after I became a citizen (last year).

The U.S. records have been generally more complete going back a longer period of time than the CBSA records. But again, not a good idea to rely on them to be complete.

I have not kept current about the procedure to obtain the U.S. records.



My approach; partial declaration of day trips:

I had circumstances which raised the risk of RQ for me considerably, so I was a bit overly cautious and I did partially declare day trips in my application. In fact, for each calendar year I declared one specific day trip (on a date I knew for certain) and in the "Reasons" box referred to it as one among X number of day trips I made that year (I did not have exact dates for each trip, but I did know how many I made each year). I made quite a few day trips each year, was anxious about RQ, I recognized that if CIC accessed my CBSA travel history the dates of entry for day trips would all pop up, so I wanted to be out in front of any questions about whether I had failed to declare some trips. At my interview the interviewer asked if I declared all trips outside Canada and I answered that there were day trips I made reference to in the residency calculation. She acknowledged this, saying something like "yes, I see trips declared with zero days absence." I took the oath two days later.

For most applicants even such partial reporting of day trips is probably entirely unnecessary.


I separately had two short trips to the U.S. where I did not get back across the border before midnight, so of course those I fully declared as a trip abroad, one day's absence.
 

scylla

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Juney said:
There's no need to declare same day trips to the US.
I disagree based on my husband's very recent citizenship experience. I would definitely include day trips.

My husband ended up with RQ specifically because he failed to mention a US day trip and CIC said his travel history was therefore incomplete (they could only see one side of the journey and didn't know it was a day trip).

His citizenship process was delayed by 4-5 months because of this.
 

arambi

Hero Member
Aug 16, 2014
332
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You are right on Scylla,
Despite opposition from some on this forum, and despite Instructions Guide, I ALWAYS recommend declaring ALL trips, including same day trips to the USA. It good to see that we have actual cases like these supporting this recommendation.
I mean... put yourself in the shoes of some Citizenship Officers... they see your CBSA travel report... with multiple dates... they have no idea whether that was a same day trip or more... and they start questioning that... and maybe send you an RQ. Simple way to reduce the likelihood of extensive unnecessary questioning and possible RQ is to declare all trips, including same day trip to the USA. That way, the officer will be able to check that all dates in your CBSA travel report are also on your residence sheet.

Hope we all learn key lesson from your husband's experience! Thanks a lot for sharing.

scylla said:
I disagree based on my husband's very recent citizenship experience. I would definitely include day trips.

My husband ended up with RQ specifically because he failed to mention a US day trip and CIC said his travel history was therefore incomplete (they could only see one side of the journey and didn't know it was a day trip).

His citizenship process was delayed by 4-5 months because of this.
 

rajeev123

Star Member
May 19, 2010
78
0
I and my family have one same day trip to US which is not declared...after seeing this thread i checked i-94 online for the travle records

When i checked all 3 of us is having different dates in the 1-94 travel records....Mine is correct, wife's same day trip is not in the history, and my son's travel dates are also shown differently.
So how can we prove it is a same day trip if the border records are incorrect?
 

Juney

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Dec 6, 2014
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arambi said:
You are right on Scylla,
Despite opposition from some on this forum, and despite Instructions Guide, I ALWAYS recommend declaring ALL trips, including same day trips to the USA. It good to see that we have actual cases like these supporting this recommendation.
I mean... put yourself in the shoes of some Citizenship Officers... they see your CBSA travel report... with multiple dates... they have no idea whether that was a same day trip or more... and they start questioning that... and maybe send you an RQ. Simple way to reduce the likelihood of extensive unnecessary questioning and possible RQ is to declare all trips, including same day trip to the USA. That way, the officer will be able to check that all dates in your CBSA travel report are also on your residence sheet.

Hope we all learn key lesson from your husband's experience! Thanks a lot for sharing.
IMO declaring same-day trips does not help. What will probably help is obtaining records/stamps for these trips for the interview, which will come in handy if the officer questions these trips.
 

HighFive

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Mar 13, 2014
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ottogutierrez said:
Hello,

I am starting to look into applying for Citizenship but have a question regarding the physical presence in Canada.
I have traveled to the US several times but they were only day trips (i.e. enter US in the morning, come back by evening). My questions are:

  • Do I have to count day trips (same day)
  • I don't have exact records of every day trip to US, is there a way to find out? or Can I put an approximate on application?

Thank you!
Just have all trips in Residence Calculator , dont miss any trips even for a day to US. Good luck!
 

Juney

Star Member
Dec 6, 2014
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rajeev123 said:
I and my family have one same day trip to US which is not declared...after seeing this thread i checked i-94 online for the travle records

When i checked all 3 of us is having different dates in the 1-94 travel records....Mine is correct, wife's same day trip is not in the history, and my son's travel dates are also shown differently.
So how can we prove it is a same day trip if the border records are incorrect?
CBSA does. CIC can always go through these records if you have given consent in your application.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Juney said:
IMO declaring same-day trips does not help. What will probably help is obtaining records/stamps for these trips for the interview, which will come in handy if the officer questions these trips.
My husband had all of this at the interview and they still gave him RQ. So maybe it works sometimes - but it didn't work for us.
 

alphazip

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May 23, 2013
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I agree with scylla & arambi. For my spouse's calculation, we listed all trips to the U.S., including day trips. We live in a border city (Windsor) and there were a lot of crossings. I see no downside in being complete.
 

Juney

Star Member
Dec 6, 2014
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scylla said:
My husband had all of this at the interview and they still gave him RQ. So maybe it works sometimes - but it didn't work for us.
I guess every case have their own unique merits. That we don't know in the heads of every officer that goes through your application.
 

thecoolguysam

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May 25, 2011
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rajeev123 said:
I and my family have one same day trip to US which is not declared...after seeing this thread i checked i-94 online for the travle records

When i checked all 3 of us is having different dates in the 1-94 travel records....Mine is correct, wife's same day trip is not in the history, and my son's travel dates are also shown differently.
So how can we prove it is a same day trip if the border records are incorrect?
Get your FOIA records by going to the following link:

https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate

These are more accurate as compared to i94. I94 may have missing entries but FOIA usually has almost all entries.

I94 may have incorrect departures so don't worry about it because land departures are not always recorded properly:

https://help.cbp.gov/app/answers/detail/a_id/752/~/i-still-have-my-i-94