CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Canadian
LOCATION: Cleveland, Ohio

Our client came to the United States from Canada when she was 14 years old as a permanent resident. She has studied and worked in the United States as a green card holder, but did not naturalize as a U.S. Citizen.  Our client contacted us in early October 2011 and she retained our office for her naturalization application.  Our client was concerned about her numerous trips to Canada for the last five years, with some almost lasting six months.  Although she went to Canada back and forth, she has never left the United States more than 180 days continuously. She also resided in the United States for a least half of the past five years. Thus, her travel record should not be a problem for her naturalization application.

Her N-400 application was filed on October 20, 2011 with all necessary supporting documents.
Our office prepared her before her interview, and also accompanied her on January 5, 2012 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.   Eventually, her N-400 was approved on January 23, 2012. Her oath taking is scheduled soon in which she will be a U.S. Citizen.

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CASE: N-400 Citizenship / Naturalization
APPLICANT: South African
LOCATION: Ohio

Our client contacted us in October 2011.  She came to the United States from South Africa with an immigrant visa in 2007 through marriage to her U.S. citizen husband and became a permanent resident.  She retained our office for her naturalization application. The main issue of her naturalization case was the long, over six-month trip that she had within the past three 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. Our client was in South Africa during that time due to her husband’s enrollment in a Ph.D. program. 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 respondent, even though it was her husband who studied abroad.

The brief and her N-400 application were filed on October 21, 2011 with all necessary supporting documents. Our office prepared her for her interview, and also accompanied her on January 5, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on January 19, 2012. Her oath taking is scheduled soon where she will become a U.S. Citizen.

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For other naturalization and citizenship success stories, please click here.

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Also feel free to contact our office anytime for free consultations.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipino
LOCATION: Ohio

Our client contacted us in February 2011.  He came to the United States from the Philippines and obtained his green card in 2005.  He retained our office for his naturalization application.

The application was filed on February 24, 2011 with all necessary supporting documents.   Our office prepared him before his interview, and also accompanied him on May 2, 2011 at the Cleveland CIS office.  Our client answered all questions correctly and passed his citizenship interview.   Eventually, his N-400 was approved. His oath taking is scheduled for June 3, 2011 in which he will be a U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Sri Lankan (Husband) / Filipino (Wife)
LOCATION: Dallas, Texas

Our clients contacted us in February 2011.  They married in Dubai, U.A.E., and came to the United States.  The husband is a citizen of Sri Lanka and the wife is a citizen of the Philippines. Our client’s family obtained their green card in 2006.  They retained our office to assist them in their naturalization applications.

The application was filed on February 21, 2011 with supporting documents.  Our office prepared them before the interview.  Our clients appeared at the USCIS office in Dallas, Texas on May 12, 2011 for their interviews, and they answered all questions correctly.  On the same day, their N-400s were approved. Their oath taking was on the same day as well. The family is now citizens of the United States.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: German
LOCATION: Ohio
ISSUES: Out of Country Travels
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Our client contacted us in September 2010 to inquire about applying for naturalization.  She came to the United States from Germany in the eighties, married her U.S. citizen spouse, and obtained her green card through this. Their marriage was bona fide at inception but it ended in 2009. But the divorce had no adverse effect on her naturalization because she has maintained the marital relationship more than 20 years. The main reason why she never applied for naturalization was because she had a lot of trips abroad, mainly due to her ex-husband’s work which had her travelling with him to Saudi Arabia. She had over 20 trips abroad since she obtained permanent residency.

Under immigration law, an applicant for naturalization must demonstrate continuous residence and physical presence in the United States.  The applicant must have been physically present in the United States for at least one-half of the past five years. Also, the applicant must not be out of the United States for a continuous period of more than one year during the period for which continuous residence is required. Please note that for both continuous residence and physical presence, the requirements are cumulative and not continuous.  A permanent resident can leave and come back to the United States as much as she or he wants as long as the continuity of residence is not broken and the physical presence requirement is met prior to applying for citizenship.

For the past 5 years, our client had four trips abroad.  Nonetheless, she was in the United States more than 2.5 years was thus eligible to file for naturalization.  The application was filed on November 18, 2010 with supporting documents.  We also accompanied her on February 18, 2011 at the Cleveland CIS office.  Our client promptly and clearly answered all questions by the CIS officer and passed her citizenship interview.  However, the officer asked the applicant to submit a notarized affidavit regarding her past travel history, even though a copy of her passport and a listing of her trips were provided in the application. We went back to the office on the same day to comply with this request by the CIS and immediately sent back the notarized affidavit of her trips. On April 19, 2011 her N-400 was finally approved. Her oath taking is scheduled for May 6, 2011 in which she will be a U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jordanian

LOCATION: Ohio

ISSUES: Permanent Residency Based on Marriage

Our client contacted us in November 2010.  She came to the United States from Jordan and married her U.S. citizen spouse eight years ago and through this marriage, she was able to obtain a green card in the United States.  She retained our office to assist her citizenship application.

Their marriage was bona fide, but a major issue was the separation of the couple years after the marriage. Although their marriage was not terminated, they physically reside in different places.  Our client was concerned about this issue because it might create an adverse effect on her naturalization application. After our initial consultation with the client, our office advised her that this issue will not be problematic since her marriage was bona fide at the inception of the marriage.  Moreover, she successfully removed the condition after two years of her marriage. She was also not applying around three years from the time her permanent residency was issued (in which case she still should be living with her US Citizen spouse), she was applying three months prior to the five-year anniversary of her permanent residency issuance (thus no need for her to be living with her husband for naturalization purposes).Therefore, it should not be a problematic issue.

The application was filed on November 23, 2010 with supporting documents. Attorney Sung Hee (Glen) Yu of our office prepared her before the interview, and was also accompanied by him on February 1, 2011 at the Cleveland CIS office.  Our client answered all questions correctly and passed her citizenship interview.  On February 7, 2011 her N-400 was approved. Her oath taking is scheduled for February 18, 2011 in which she will be a U.S. Citizen.

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CASE: N-400

APPLICANT: Slovakian

LOCATION: Ohio

ISSUES: Permanent Residency Based on Marriage; DUI within the past year

N-400 on behalf of Slovakian filed about three years after he obtained his permanent residency based on marriage. Good marriage, and major issue seem to be the DUI within the past year, which may affect the good moral character requirement which is essential in naturalization applications. The application was filed on April 19, 2010 with evidence of bona fide marriage. As to the criminal record, we argued that despite the DUI, our client does not have any other character issues, and is thus of good moral character for the past three years and is eligible for citizenship. The applicant was prepared by our office prior to the interview in Cleveland, and he was accompanied on July 9, 2010 at the Cleveland CIS office. Certified copies of the criminal record was also submitted. On August 5, 2010 his N-400 was approved. His oath taking is scheduled for August 20, 2010 in which he will be a U.S. Citizen.

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