CASE: N-400 Citizenship / Naturalization
APPLICANT: Indian
LOCATION: Mayfield Heights, OH
Our client contacted us in February 2021. She came to the United States from India and became a permanent resident in March 2016. She retained our office for her naturalization application on February 26, 2021. The main issue of her naturalization case was the one long, over six-month trip that she had within the past five 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 in 2020. Our client was in India and wanted to stay there for less than 6 months, but she had to stay there more than 6 months due to the Travel Ban /Lockdown prompted by COVID. Our client wanted to rebut the presumption by arguing that her last trip was more than 6 months due to the COVID lockdown and she did intend to maintain her continuity of residency in the U.S.
The brief and her N-400 application were filed on March 9, 2021. Our office prepared her for her interview via conference calls. Our client appeared at the USCIS Cleveland Field Office for her N-400 interview on May 13, 2021. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. She answered all questions correctly and passed her citizenship interview. Eventually, her N-400 was approved on May 17, 2021. Her oath taking is scheduled soon where she will become a U.S. Citizen.