CASE: N-400 Citizenship / Naturalization
APPLICANT: Filipino
LOCATION: Chicago, IL
Our client contacted us in August 2020. He came to the United States from the Philippines and became a permanent resident in 2003. He retained our office for his naturalization application on August 3, 2020. The main issue of his naturalization case was the two long, over six-month trips that he had within the past 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.
Our client was out of the United States for almost a year in consecutive years. Our client was in Switzerland during that time due to completion of his studies. In our brief, we cited Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007), which held that in cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. We asked the CIS to also apply this to our client’s case since the facts in Li case is very analogous to our client’s.
The brief and his N-400 application were filed on August 14, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Chicago Field Office for his N-400 interview on April 28, 2021. He answered all questions correctly and passed his citizenship interview. His N-400 was approved on April 29, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.