CASE: N-400 Citizenship / Naturalization
APPLICANT: Chinese
LOCATION: Cleveland, OH
Our client contacted us in October 2020. He came to the United States from China and became a permanent resident in January 2011. He retained our office for his naturalization application. The main issue of his naturalization case was the one long, over six-month trips 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 residency 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 from September 2019 until September 2020. Our client was in Wuhan, China and wanted to stay there for less than 6 months, but he had to stay there more than 6 months due to the Travel Ban /Lockdown due to the COVID-19 pandemic. Our client wanted to rebut the presumption by arguing that his last trip was more than 6 months due to the COVID lockdown and he did intend to maintain his continuity of residency in the U.S.
The brief and his N-400 application were filed on October 20, 2020 with all necessary supporting documents. Our office prepared him for his interview via conference calls. Our client appeared at the USCIS Cleveland Field Office for his N-400 interview on April 30, 2021. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. He answered all questions correctly and passed his citizenship interview. Eventually, his N-400 was approved on August 4, 2021. His oath taking is scheduled soon where he will become a U.S. Citizen.