CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, Ohio

Our client contacted us in June 2014 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in March 1999. He retained our office for his naturalization and citizenship N-400 application on June 9, 2014.

The N-400 application was filed on June 25, 2014 with all supporting documents. Our office prepared him before his naturalization interview in our office. On September 2, 2014, our client appeared for his N-400 interview at the Cleveland CIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his naturalization application was approved on September 9, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Pakistan
LOCATION: New York, NY
ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in December 2013 to seek legal representation for her naturalization application. She came to the United States from Pakistan and obtained her green card through a family petition in 1993. She was abroad for school most of her childhood, but went to the US periodically (and was let in all the time).

She retained our office for her naturalization application on December 2, 2013.

The main issue of her naturalization case was two long, over six-month trips that she 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 twice.  During these trips, she was in Pakistan, but she could not come back to the United States earlier due to her medical condition.  Our client had a motor vehicle accident in Pakistan while she visited there.  In her most recent trip, she had to deliver her baby while she was staying there. Our client intended to have temporary trips of less than six months in those two trips. However, due to her medical condition and related health issues, she could not come back to the United States before his trip due to the advice of her doctors.

Our office drafted an extensive cover brief which explained our client’s medical conditions and argued that she is otherwise eligible for naturalization despite her two long trips to Pakistan.  We included a notarized affidavit from our client and we included our client’s medical records from Pakistan and the U.S.

The brief and his N-400 application were filed on January 9, 2014 with all necessary supporting documents. Our office prepared her for her interview through conference call. Our client appeared at her naturalization interview on May 14, 2014 at the NYC USCIS Field Office.  Our client answered all questions correctly and passed her citizenship interview. Her N-400 was approved on May 28, 2014. Her oath taking is scheduled where she will become a U.S. Citizen.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipino
LOCATION: Irvine, California

Our client contacted us in October 2013 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in February 2009. He retained our office for his naturalization and citizenship N-400 application on October 9, 2013.

The naturalization and citizenship N-400 application was filed on November 5, 2013 with all supporting documents. Our office prepared him before his naturalization interview through conference calls. On April 14, 2014, our client appeared for his N-400 interview at the Santa Ana CIS office. Our client answered all questions correctly and passed his naturalization and citizenship N-400 interview. Eventually, his naturalization application was approved on April 28, 2014. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

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

Our client contacted us in April 2013 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in July 2010. He retained our office on April 25, 2013.

The N-400 application was filed on May 1, 2013 with all supporting documents. Glen Yu from our office prepared him for his naturalization interview, and also accompanied him on July 16, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 19, 2013. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

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

Our client contacted us in early April 2013 to seek legal representation for her naturalization and citizenship N-400 application.

She came to the United States from the Philippines and obtained her green card in 1999. She retained our office for her naturalization and citizenship N-400 application on April 25, 2013.

The N-400 application was filed on April 29, 2013 with all supporting documents. Our office prepared her before her naturalization interview, and also accompanied her on July 11, 2013 at the Cleveland CIS office. Our client answered all questions correctly and passed her naturalization and citizenship N-400 interview. Eventually, her naturalization application was approved on the same day. Her oath taking will be scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

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

Our client contacted us in November 2012 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in 2009. He retained our office for his naturalization and citizenship N-400 application on November 13, 2012.

The N-400 application was filed on November 21, 2012 with all supporting documents.

Our office prepared him before his naturalization interview, and Attorney Sung Hee Yu also accompanied him on May 10, 2013 at the Cleveland CIS office.

Our client answered all questions correctly and passed his N-400 interview. Eventually, his naturalization application was approved on June 10, 2013. His oath taking is scheduled in which he will become a naturalized U.S. 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 citizenship success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office for consultations.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization w/ Rebuttable Presumption and Continuity of Residence Issues)
APPLICANT: Iranian
LOCATION: Cleveland, Ohio
ISSUES: Rebuttable Presumption / Continuous Residence

Our client contacted us in March 2012 to seek legal representation for his naturalization application. He came to the United States from Iran and obtained his green card through his U.S. Citizen son’s petition in March 2007. He retained our office for his naturalization application on March 23, 2012. The main issue of his naturalization case was 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 U.S. more than 180 days twice.  During these trips, he was in Iran, but he could not come back to the United States earlier due to his medical condition.  Our client intended to have temporary trips of less than six months in those two trips. However, due to his medical condition and related health issues, he could not come back to the United States before his trip due to the advice of his doctors.  Moreover, our client already had chronic high blood pressures and heart-diseases in the United States as well.

Our office drafted an argument which explained our client’s medical conditions and argued that he is otherwise eligible for naturalization despite his two long trips to Iran.  We included two notarized affidavits from our client and his U.S. Citizen son, and included our client’s medical records from Iran and the U.S.

The brief and his N-400 application were filed on April 12, 2012 with all necessary supporting documents. Our office prepared him for his interview, and also accompanied him on August 7, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed his citizenship interview. We emphasized the brief as well and his reasons for his long trips to Iran. His N-400 was approved after the interview. His oath taking is scheduled soon where he will become a U.S. 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.

{ 0 comments }

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

Our client contacted us in March 2012 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Ukraine and obtained her green card in 1993. She retained our office for her naturalization and citizenship N-400 application on March 28, 2012.

The naturalization and citizenship N-400 application was filed on April 12, 2012 with all supporting documents. Our office prepared her before her naturalization interview, and also accompanied her on July 31, 2012 at the Cleveland CIS office. Our client answered all questions correctly and passed her naturalization and citizenship N-400 interview. Eventually, her naturalization application was approved. Her oath taking will be scheduled soon in which she will become a naturalized U.S. 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 and citizenship N-400 success stories, please click here.

For other success stories, please click here.

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

{ 0 comments }

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

Our client contacted us in March 2011 to seek legal assistance for his naturalization application. His main issue was his English language skills. Despite obtaining his green card in 1993, he said he did not speak good English.  He came to the United States from Ukraine and obtained his green card in 1993.  He retained our office on March 28, 2012 to assist in his citizenship application.

Our client was born in 1955. He became a Permanent Resident of the United States in1993. Under INA Section 312(b)(2) and 8 U.S.C. Section 1423(b)(2), the English language requirement shall not apply to (1) persons who are over 50 and have lived in the U.S. for 20 years in LPR status; or (2) persons who are over 55 and have lived in the United States for 15 years in LPR status.

When our firm was retained and prior to filing, our client was 57 years old and had lived in the United States as a green card holder for more than 18 years. Accordingly, we argued based on the said statute that he sufficiently met the waiver of the English Language Test, and that he was also permitted to take the civics test in his own language. Attorney Sung Hee Yu accompanied our client at the interview, and his naturalization interview was conducted in his native language.  On July 26, 2012, his naturalization application (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.

{ 0 comments }

Two of the elements that a potential naturalization applicant should meet are the continuous residence and physical presence requirements. If you obtained your permanent residency through marriage, the residency requirement is three years, assuming you are still living with your spouse. If you obtained your permanent residency through other means, such as employment or through a different family member, then the residency requirement is five years. You should then be physically present in the U.S. for at least one-half of the last five years (or one-half of the last three years if you got your green card through marriage) before applying for naturalization.

An absence between six months and one year during those last three or five years raises a rebuttable presumption that continuity of residence has been interrupted. INA § 316(b). Thus, if you’ve had trips abroad which lasted between six months and one year, even though you meet the physical presence requirement, the continuity of residence requirement might have been disrupted.

You should be able to properly document your trips and reasons for such when you apply for naturalization, and explain this at your interview, to rebut the presumption of disruption.

Some factors which may establish continuity of residence as stated in 8 C.F.R. § 316.5(c)(1)(ii) include:

1. Not terminating employment in the U.S.
2. Presence of immediate family in the U.S.
3. Retention of full access to a U.S. home, and
4. Not obtaining employment abroad.

Permanent residents who studied abroad with trips between six months and a year can also rebut this presumption. Li v. Chertoff, 490 F.Supp.2d 130 (D.Mass.2007), holds that study abroad does not result in abandonment of residency. Our firm recently represented an Indian client with this issue, and he was able to naturalize. (Click Here for the Success Story). We also cited this case for another client of ours whose husband was the one who studied abroad (Click Here for the Success Story), in which she, at that time the permanent resident, accompanied her husband.

Feel free to post questions below or call our office.

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

{ 2 comments }