CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Pakistan
LOCATION: New York, NY
ISSUES: Rebuttable Presumption / Continuous Residence
Our client contacted us in December 2013 to seek legal representation for her naturalization application. She came to the United States from Pakistan and obtained her green card through a family petition in 1993. She was abroad for school most of her childhood, but went to the US periodically (and was let in all the time).
She retained our office for her naturalization application on December 2, 2013.
The main issue of her naturalization case was two long, over six-month trips that she had within last five 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, she was in Pakistan, but she could not come back to the United States earlier due to her medical condition. Our client had a motor vehicle accident in Pakistan while she visited there. In her most recent trip, she had to deliver her baby while she was staying there. Our client intended to have temporary trips of less than six months in those two trips. However, due to her medical condition and related health issues, she could not come back to the United States before his trip due to the advice of her doctors.
Our office drafted an extensive cover brief which explained our client’s medical conditions and argued that she is otherwise eligible for naturalization despite her two long trips to Pakistan. We included a notarized affidavit from our client and we included our client’s medical records from Pakistan and the U.S.
The brief and his N-400 application were filed on January 9, 2014 with all necessary supporting documents. Our office prepared her for her interview through conference call. Our client appeared at her naturalization interview on May 14, 2014 at the NYC USCIS Field Office. Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on May 28, 2014. Her oath taking is scheduled where she will become a U.S. Citizen.