CASE: N-400 Citizenship / Naturalization
APPLICANT: Angolan
LOCATION: New York, NY
Our client contacted us in November 2019. He came to the United States from Angola and became a permanent resident in July 2015. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trip that he 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 220 days from January 2016 until August 2016. Our client was in Angola and had to take more time because his brother’s abrupt passing and his father’s illness that led to his death, which occurred within months of each other. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the family emergency / illness, and he did intend to maintain his continuity of residency in the U.S.
The brief and his N-400 application were filed on September 29, 2020 with all necessary supporting documents. Our client appeared at the USCIS New York Field Office for his N-400 interview on August 17, 2021. He answered all questions correctly and passed his citizenship interview. Eventually, on the same day of his interview, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.