CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Indian
LOCATION: Highland Heights, OH
ISSUES: Rebuttable Presumption / Continuous Residence
Our client contacted us in August 2021 to seek legal representation for his naturalization application. He came to the United States from India and obtained his green card in May 2012. He was abroad for school from October 2016 to July 2017.
He retained our office for his naturalization application on August 10, 2021.
The main issue of his naturalization case was that one long, over six-month trip he 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 once. During this trip, he was in India to finish his high school. Because of that he could not come back to the United States earlier.
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 an extensive brief which explained the nature of our client’s long trip abroad and argued that he is otherwise eligible for naturalization despite his long trip outside United States.
The brief and his N-400 application were filed on August 20, 2021 with all necessary supporting documents. Our office prepared him for his interview through conference call. Our client appeared at his naturalization interview on October 13, 2021 at the Cleveland Ohio USCIS Field Office. Attorney JP Sarmiento also accompanied our client. Our client answered all questions correctly and passed his citizenship interview. His N-400 was approved on October 14, 2021. His oath taking is scheduled where he will become a U.S. Citizen.