CASE: N-400 Citizenship / Naturalization
APPLICANT: Indian
LOCATION: Cleveland, Ohio
ISSUEs: Rebuttable Presumption / Continuous Residence

Our client contacted us in late April of 2012. He came to the United States from India as a derivative beneficiary of his father’s immigrant visa in 2007 and became a permanent resident. He retained our office for his naturalization application on May 3, 2012. The main issue of his naturalization case was the two long, over six-month trips that he had within the past four 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 United States for almost a year in two consecutive years. Our client was in India during those times to completion his undergraduate 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 the Li case is very analogous to our client’s.

The brief and his N-400 application were filed on May 14, 2012 with all necessary supporting documents. Our office prepared him for his interview, and also accompanied him on July 24, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed his citizenship interview. We emphasized the brief as well and her reasons for his long trips to India. His N-400 was approved after the interview. His oath taking is scheduled soon where he will become a U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: South Korean
LOCATION: Cleveland, OH

Our client contacted us to seek legal assistance for his naturalization matters.   He came to the United States from South Korea and obtained his green card in 1999.  However, he was concerned for his naturalization due to his failure to register for Selective Service during the required time period.  He retained our office to assist in his citizenship application.

After we were retained, our office contacted the Selective Service office and requested a status letter for our client.  We explained that our client became a green card holder when he was a minor and no one informed him of the Selective Service registration requirements. Thus, his failure to register was not knowing and willful. The Selective Service issued a status letter for our client, thereby allowing him to apply for naturalization.

The N-400 application was filed on May 1, 2012 with all required supporting documents.  We included a brief explaining that our client’s failure to register for Selective Service was not willful.  Although the Military Selective Service Act provides for civil penalties for failure to register, Section 12 of the Military Service Act also provides some relief from the adverse civil effects of failure to register:

(g) A person may not be denied a right, privilege, or benefit under Federal law by reason of failure to present himself for and submit to registration under section 3 if:

(1) The requirement for the person to so register has terminated or become inapplicable to the person; and
(2) The person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register.

Our client’s registration requirement has become inapplicable due to his age.  Moreover, he has never been informed by anyone during 11 years of his residence in the U.S. with regard to the selective service system registration requirement.  Therefore, our client clearly did not knowingly and willfully fail to register during the requested period of time.

Our office prepared him before the interview, and our client was scheduled to appear before the Cleveland USCIS office on July 13, 2012.   Our attorney Sung Hee yu accompanied him as well.  Our client answered all questions correctly and passed him citizenship interview.   Eventually, his N-400 was approved. His oath taking will be scheduled soon in which he will be a naturalized Citizen.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other naturalization success stories, please click here.

For other success stories, please click here.

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

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