CASE: N-400 Citizenship / Naturalization
APPLICANT: South African
LOCATION: Ohio
Our client contacted us in October 2011. She came to the United States from South Africa with an immigrant visa in 2007 through marriage to her U.S. citizen husband and became a permanent resident. She retained our office for her naturalization application. The main issue of her naturalization case was the long, over six-month trip that she had within the past three years. According to the INA §316(b) and 8 C.F.R. §316.5.(c)(1)(i), an absence between 6 months and 1 year from the United States raises a rebuttable presumption that continuity of residence has been interrupted. That would be an issue in naturalization cases, where continuity of residence is essential. Applicants with this issue should rebut that presumption.
Our client was out of the United States for almost a year. Our client was in South Africa during that time due to her husband’s enrollment in a Ph.D. program. In our brief, we cited Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), which held that in cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. We asked the CIS to also apply this to respondent, even though it was her husband who studied abroad.
The brief and her N-400 application were filed on October 21, 2011 with all necessary supporting documents. Our office prepared her for her interview, and also accompanied her on January 5, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on January 19, 2012. Her oath taking is scheduled soon where she will become a U.S. Citizen.
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