CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Iranian
LOCATION: Cleveland, Ohio
ISSUES: Rebuttable Presumption / Continuous Residence
Our client contacted us in March 2012 to seek legal representation for his naturalization application. He came to the United States from Iran and obtained his green card through his U.S. Citizen son’s petition in March 2007. He retained our office for his naturalization application on March 23, 2012. The main issue of his naturalization case was two long, over six-month trips that he had within the past four years.
According to 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 should they wish to apply.
Our client was out of the U.S. more than 180 days twice. During these trips, he was in Iran, but he could not come back to the United States earlier due to his medical condition. Our client intended to have temporary trips of less than six months in those two trips. However, due to his medical condition and related health issues, he could not come back to the United States before his trip due to the advice of his doctors. Moreover, our client already had chronic high blood pressures and heart-diseases in the United States as well.
Our office drafted an argument which explained our client’s medical conditions and argued that he is otherwise eligible for naturalization despite his two long trips to Iran. We included two notarized affidavits from our client and his U.S. Citizen son, and included our client’s medical records from Iran and the U.S.
The brief and his N-400 application were filed on April 12, 2012 with all necessary supporting documents. Our office prepared him for his interview, and also accompanied him on August 7, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed his citizenship interview. We emphasized the brief as well and his reasons for his long trips to Iran. His N-400 was approved after the interview. His oath taking is scheduled soon where he will become a U.S. Citizen.
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