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Citizenship Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

Case type: J-1 Waiver Based on Exceptional Hardship Upon a U.S. Citizen Child

Submitted by Chief Editor on Apr 24th 2013
Category: J-1 Visa, Home Residency Requirement, Citizenship, Waiver
Status: Waiver Granted

We filed an application seeking a waiver of the foreign residence requirement for our client based on exceptional hardship upon the client’s U.S. citizen child.  We argued that the minor child would suffer extreme hardship if he were forced to leave the U.S. with his mother to fulfill the two-year home residency requirement because of a serious medical condition, for which treatment was not readily available in the applicant’s home country.  We provided ample supporting documentation in this regard.

USCIS granted the waiver.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Case type: N-400 Petition Where Applicant Remained Outside U.S. for More than 400+ Days

Submitted by Chief Editor on Mar 26th 2009
Category: Citizenship
Status: The N-400 was approved and the applicant became a US Citizen in time to vote in the 2008 Presidential election.

We filed an applicant's N-400 Petition for Citizenship where the applicant was out of the US for 400+ days. USCIS issued a RFE requesting information about the applicant's stay outside the United States without the requisite N-470. We were able to provide several arguments justifying the out of country stay, demonstrating that the applicant had no intention of abandoning US Permanent Residency.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Case type: Citizenship

Submitted by Chief Editor on Mar 26th 2009
Category: Citizenship
Status: They both received their Citizenship seven months after filing the N-400, without moving back to the United States and without having to submit another Citizenship request.

We filed for Citizenship for a couple living and working overseas on an N-470 for a US company. The couple had met all the requirements for Citizenship, but the US employer needed them to remain overseas until the project was completed. During the processing of the application, they returned to the United States for the fingerprinting and interviews.

We filed for Citizenship for a couple living and working overseas on an N-470 for a US company. The couple had met all the requirements for Citizenship, but the US employer needed them to remain overseas until the project was completed. During the processing of the application, they returned to the United States for the fingerprinting and interviews. At the interview, they both passed the history and language tests, but were told that they could not be approved for Citizenship until after the foreign assignment was over and they had returned to reside permanently in the United States. According to the interviewer, N-470 preserves Permanent Residency but does not allow for the N-400 to be filed from overseas. Our office interpreted the N-470 regulations differently.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Case type: Citizenship

Submitted by Chief Editor on Mar 26th 2009
Category: Citizenship
Status: We successfully appealed and were able to convince the USCIS that the applicants had maintained and had met the requirements of continuous residency. We could also resolve the issue USCIS had raised on shoplifting. We won the appeal and obtained citizenship for all four.

There were 4 applicants, all members of a family. USCIS denied them citizenship stating that they were not able to show that they maintained continuous residency requirements for citizenship. Two of the applicants were students. They had gone abroad to study. One of the students had a shoplifting charge against him in the USA and had this as additional ground for the denial.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
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