Notice of Continuance for N-400 (Naturalization)

• Applicant: Mr. Smith
• Case Type: N-400 Notice of Continuance
• Processing Time: 1 month
• Approval: January of 2020
• Challenges:
  1. We had less than a month to compile all evidence and respond to USCIS
  2. Client had no evidence of monthly child support payments
  3. USCIS was requesting evidence for events from more than 5 years ago

BACKGROUND

The Naturalization process can be an overwhelming and stressful journey towards U.S. Citizenship. After waiting years, compiling countless paperwork, and spending hours preparing, Mr. Smith finally submitted his N-400 application for naturalization. The next step was to attend his interview. Mr. Smith was finally ready to become a full-fledged U.S. Citizen. In his heart and mind, he already felt like a U.S. Citizen, so he was so excited to make it official and take the Oath of Allegiance to the country he loves so much. However, after his Naturalization interview, he received a Notice of Continuance. USCIS requested that Mr. Smith show proof that he paid monthly child support payments ordered by the court on October 7, 2008 to his ex-wife while his son was a minor, which was over five years ago. Even though Mr. Smith and his ex-wife had divorced several years prior, he remained a devoted and loving father to his son. He not only contributed financially, but never hesitated to support his son emotionally. Mr. Smith and his son share an incredible, father-son bond, one that was developed and nurtured both before and after Mr. Smith and his ex-wife divorced. One of Mr. Smith’s main priorities was to make sure that his divorce never impacted his relationship with his son. While Mr. Smith was successful in maintaining this relationship, he had difficulty proving to USCIS that he indeed made his monthly payments because he always paid his ex-wife in cash. Moreover, since Mr. Smith always made consistent payments, neither he, nor his ex-wife, ever saw a reason to document their transactions. Knowing that this lack of evidence could be detrimental to his case, Mr. Smith searched for a qualified law firm that could help him win his case. After searching extensively, Mr. Smith found Tsang and Associates through Yelp and sought our expertise.

KEYS TO SUCCESS

We immediately met with Mr. Smith to strategize. During these strategy sessions we helped Mr. Smith come up with a list of documents he would be able to retrieve to prove he made child support payments. However, because all his payments were made in cash, with no receipt or ability to trace, we knew documentation was limited so instead, we focused on Mr. Smith’s strong bond with his son. We emphasized that Mr. Smith had been extremely active in involved in his son’s life from the time period in question until the present. We focused on the fact that even though Mr. Smith’s son was already in college, Mr. Smith continues to help him cover his expenses so he can focus on school. We argued that this behavior is indicative of Mr. Smith’s commitment to financially and emotionally providing for his son. Additionally, we also requested that Mr. Smith’s ex-wife and immediate family members provide written affidavits testifying to his financial support.

OUTCOME

The specific checklist of documents Mr. Smith compiled to present with his case was extremely helpful. Even without specific receipts, USCIS could tell that Mr. Smith was a committed and loving father who supported his son well beyond his divorce. Consequently, Mr. Smith’s N-400 was approved. After years of anticipation, Mr. Smith could finally achieve his dream of being a U.S. Citizen. He could now live-in peace, knowing that he is officially a U.S. Citizen not only in his eyes, but in the eyes of the law.

*Name has been changed to protect client identity