Full Video Transcript
Hi everyone, my name is Grace Chang, and I’m an attorney here at Tsang and Associates. Today, we’re going to be talking about a case that I worked on with my team. It’s an N-400 case for citizenship, and we were hired to work on the request for evidence. I’m excited to show you behind the scenes, the case strategy, and how we were able to successfully win this case for our client. Let’s get started.
In our case, the client was basically outside the United States for two years. She was able to come back for one week in the U.S. and then a couple of days in Guam, so she didn’t overstay for a full year, but she was getting close. The challenge is, okay, we can’t talk about her intent because there are certain factors that are written in the law on how you can prove that an applicant has maintained continuous residence in the United States. And it actually says in the law that intent does not matter. So, even if you intend to keep your residence in the United States, if you are outside for more than 6 months but less than a year, you have to overcome the presumption that you have broken your continuous residence.
The factors that she did have in her favor were that she had family in the United States who are citizens, she did not quit her job but was laid off, and we’ll get to that, and she also didn’t seek employment anywhere else, right? So her idea was always to maintain her residence here in the United States. So, even though the factors were not as strong, we still took the strongest ones that we could, that were in her favor and laid them out on the first page and in the first paragraph. We did this so the officer could see that and think, “Oh, that sounds good, we should approve this case.”
These officers that review our applications are human, so the more they understand about the context of who this person is or who our applicant is, we wanted them to be sympathetic and also paint our client in a more holistic light. Right? So the client drafted an affidavit talking about her entire life story, her immigration story, how she came here, her roots here, she went to college here, her first job was here—everything was here. And then also outlining why she had to leave for her home country and what were the specific circumstances that prevented her from coming back to the United States. But, the emphasis was, “The United States is my home, and I’m applying for citizenship because I want to make it my permanent home.”
I was actually inspired by her passion. She was investing a lot of time, a lot of money. As a practitioner, we come up with the strategy with our clients and give them a list of documents—this whole laundry list of things to provide. But it’s really the clients themselves that are doing all the work. They’re getting the documents, they’re reaching out to family members, they’re digging up old archives, emails, and going through their social media. It’s a lot of work. And I could see her passion behind it and her genuine desire. I think that plays a big part. We can only work with what the client provides, and in this case, I think it really helped that she really wanted this case to get approved.
So yeah, she was thrilled when she got, when the case got approved. I recently heard from her that she was sworn in, and we celebrated together—just so thrilled for this client.
Sometimes, at first glance, we can get really discouraged and think there’s no hope for the case. But sometimes, when you dig in, when you brainstorm with the client, and get creative—we did a lot of research, looked at different examples, and we had lots of internal meetings to talk about what evidence we could use. There was a fact that we learned about a week before we filed, which turned out to be one of our lynchpin facts. It wouldn’t have come up if we didn’t keep asking the client and have continuous meetings with her. So, I would say don’t give up. You never know what you could find, and keep digging. Hopefully, it’ll give you enough evidence to win your case.
In this case, we achieved a significant victory for a laid-off employee facing substantial continuous residence challenges in her N-400 citizenship application. Through meticulous strategy and dedicated advocacy, we navigated the intricacies of her case and secured a positive outcome.
The Challenge: Proving Continuous Residence
Our client spent nearly two years outside the United States, returning briefly for one week in the U.S. and a few days in Guam. Although she did not exceed a full year abroad, her extended absence posed a significant risk to her continuous residence, a critical requirement for N-400 citizenship approval.
According to U.S. immigration law, if an applicant is outside the country for more than six months but less than a year, it is presumed that they have broken their continuous residence. Overcoming this presumption required us to present compelling evidence demonstrating our client’s intention to maintain her U.S. residence despite her extended time abroad.
Strategic Approach: Highlighting Key Factors
Even though the situation was challenging, several factors worked in our client’s favor:
- Family Ties: She had close family members who are U.S. citizens.
- Employment Status: She did not quit her job but was laid off, and she refrained from seeking employment elsewhere.
- Intent to Maintain Residence: Her focus was always on maintaining her residence in the United States.
We strategically highlighted these factors in the first page and paragraph of our submission to make a strong initial impression on the reviewing officer, which is essential for continuous residence cases.
Crafting a Detailed Affidavit
To further strengthen the case, our client drafted an affidavit that:
- Outlined Her Immigration Journey: She detailed how she came to the U.S., her educational and professional background, and her strong ties to the country.
- Explained Her Absence: She clarified the specific circumstances that required her to leave the U.S. and why she couldn’t return sooner.
- Emphasized Her Commitment: She reinforced her desire to make the United States her permanent home, emphasizing her commitment to proving that she did not break her continuous residence.
This affidavit played a crucial role in painting a holistic picture of our client’s situation, which was instrumental in securing N-400 citizenship approval.
The Outcome: Citizenship Granted
Thanks to our thorough preparation and strategic approach, our client’s N-400 citizenship case was approved despite the continuous residence challenge. She was thrilled with the outcome, and we celebrated her success together as she was sworn in as a U.S. citizen.
At Tsang and Associates, we are dedicated to helping our clients overcome the complexities of immigration law. If you’re facing challenges with your N-400 citizenship case or any other immigration matter, don’t hesitate to reach out. We’re here to provide the support and solutions you need.