Do Travel Days Count Toward INA 212(e)?
USCIS policy states that a travel day counts toward the two-year foreign residence requirement when a fraction of that day is spent in the qualifying country of nationality or last residence.
Yes, when part of the day is spent in the qualifying country. USCIS states that a travel day counts toward the two-year foreign residence requirement when a fraction of that day is spent in the qualifying country of nationality or last residence. Arrival and departure days therefore should not automatically be excluded from the calculation.
USCIS specifically addressed travel days
USCIS clarified in its foreign residence requirement policy that a travel day can count when the person spends a fraction of that day in the qualifying country of nationality or last residence.
Arrival and departure days can therefore matter
A person should not automatically discard every international travel day from the calculation. If a portion of the day was physically spent in the qualifying country, USCIS's policy recognizes that day for fulfillment purposes.
Document the actual travel dates
Passport stamps, airline itineraries, boarding passes, government entry and exit records, and other travel records can be useful when the exact two-year total depends on arrival or departure dates.
Precision matters near the threshold
Travel-day treatment may not matter for someone who clearly spent several years in the home country, but it can be important when the person is only days or weeks above or below the required aggregate total.
Frequently Asked Questions
Does an arrival day count?
USCIS says a travel day counts when a fraction of that day is spent in the qualifying country.
Does a departure day count?
The same USCIS principle applies if part of that day was spent in the qualifying country.
Should I keep airline records?
Yes, particularly when exact day counting may determine whether the two-year total has been reached.
Need Help With a J-1 Waiver?
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