February 08, 2012 – Azhar & Azhar Law Firm Secures Citizenship for Client Despite 10 Month Stay Out of U.S.

On February 08, 2012 Azhar & Azhar Law Firm secured U.S. citizenship for our client, a national of Pakistan.  Our client became a permanent resident on 09/07/2005 through a family based petition.  Shortly after obtaining U.S. permanent residency, our client returned to Pakistan to complete medical school.  Our client left the United States on 12/01/2007 and did not return until his medical training was complete on 10/31/2008.  The break of more than 10 months of continuance presence rendered our client ineligible for citizenship unless it could be demonstrated that he did not intend to abandon his residence. 

On October 24, 2011 our client hired Azhar & Azhar Law Firm to file his application for citizenship.  The attorneys from Azhar & Azhar Law Firm provided considerable evidence to demonstrate our client did not abandon his residence pursuant to INA § 316(b), 8 U.S.C. § 1427(b), 8 C.F.R. § 316.5(c)(1)(i).  The evidence provided included a re-entry permit issued on 11/26/2007, IRS transcripts of federally filed tax returns for 2007, 2008, 2009, U.S. bank statements from 05/07/2007 to 10/31/2008, and Medical School transcripts, letters, and diplomas, from 2007 and 2008 as evidence of our client studying abroad in medical school.

On January 20, 2012 at 10:20 AM, our client was interviewed for citizenship (3 months from the date his application was filed).  An attorney from Azhar & Azhar Law Firm appeared with our clients at his interview.  During the interview, the attorney from Azhar & Azhar Law Firm explained to the immigration officer that our client has provided considerable evidence to overcome the rebuttable presumption that he had abandoned his residence. 

Furthermore, the attorney provided the officer with the case of Li v. Chertoff, where the court in that case held that studying abroad did not result in an abandonment of residency.  Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007).  The attorney then explained the similarities between the facts in our case and the facts in Chertoff. 

After discussing the matter with his supervising officer, the interviewing officer agreed to approve our client’s case on February 08, 2012.  Our client will now be scheduled in for his oath ceremony.