CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Filipina
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 the Philippines and obtained her green card through the National Interest Waiver process in 2008. She was abroad for school and an internship during the earlier part of her permanent residency.
She retained our office for her naturalization application on December 10, 2013.
The main issue of her naturalization case was two long, over six-month trips that she had within the 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 France, Singapore, and Indonesia for her MBA and the other trip was for an internship.
According to Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), in cases where an applicant left the U.S. to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. Our office drafted a brief which explained the nature of our client’s long trips abroad and argued that she is otherwise eligible for naturalization despite her two long trips outside United States.
The brief and his N-400 application were filed on January 6, 2014 with all necessary supporting documents. Our office prepared her for her interview as well. Our client appeared at her naturalization interview on July 23, 2014 at the NYC USCIS Field Office. Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on July 25, 2014. Her oath taking is scheduled where she will become a U.S. Citizen.
Please define term of immediate family for the purpose of immigration.
Immediate family means parents, kids, or spouse.
Hello!
This was fast in a city like New York. I filed for N400 since last december, I had the interview in March and still waiting for a decision. Honestly, this is the worst case i have ever confronted the USCIS with. 2years green cards 3 months, 10 years Green card 6 months, n400 who knows……… whats your opinion??
Every case is different. If you were interviewed already, some factors may cause a delay in adjudication. If there were criminal records during your time as a permanent resident, even if they were dismissed, it may cause a delay. If you got your green card through marriage, they may review your case closely to check on bona fideness even though your 2 year green card and 751 were approved. You also always have the option of calling CIS and do an Infopass – sometimes, a case does not have to be delayed just that an officer may have overlooked it, so there’s no harm in following up. Good luck! ~ JP Sarmiento