## Facts

- Enayatollah Vafaei-Makhsoos, an Iranian citizen, entered the United States in June 1968 as a student.
- He adjusted to lawful permanent resident status on December 22, 1977.
- He departed the United States on or about June 26, 1979 to attend his mother’s funeral and handle family affairs in Iran, traveling with his Iranian-citizen wife and their U.S.-citizen child.
- In November 1979, after the takeover of the U.S. Embassy in Tehran, Iran imposed a ban on travel to the United States, preventing his return.
- He remained outside the United States until June 1, 1981, when the travel ban was lifted (about a 23-month absence).
- On attempted reentry, an inspector refused admission as an LPR because his reentry permit had expired; he was allowed to enter the United States on parole.
- The INS initiated deportation proceedings alleging abandonment of LPR status; an immigration judge found he had not abandoned LPR status.
- He filed a naturalization petition on June 9, 1983.
- A naturalization examiner recommended denial, concluding the absence exceeding one year within the statutory period broke continuous residence under 8 U.S.C. § 1427.

## Issues

1. Whether an applicant’s absence from the United States for more than one year during the statutory period automatically breaks continuous residence for naturalization under INA § 316, even when the extended absence was involuntary due to a foreign government travel ban.
2. Whether a prior determination that the applicant did not abandon LPR status affects the continuous-residence analysis for naturalization eligibility.

## Decision

- The court granted the petition for naturalization.
- The court held that the applicant’s extended absence did not bar naturalization because the prolonged period abroad was involuntary and caused by the Iranian government’s travel ban.
- The court treated the prior finding of no abandonment of LPR status as consistent with, though not dispositive of, the conclusion that the applicant maintained U.S. residential ties and intent to return.

## Legal Principles

- Under INA § 316 (8 U.S.C. § 1427), continuous residence is required for naturalization, and an absence of more than one year generally breaks continuity.
- The continuous-residence requirement is directed at preserving real ties to the United States and assessing whether the applicant’s residence and intent remained centered in the United States.
- An absence exceeding one year does not necessarily break continuous residence when the extended absence is involuntary and caused by circumstances beyond the applicant’s control (e.g., wartime detention or government-imposed travel restrictions).
- A determination that an applicant did not abandon LPR status does not itself establish naturalization eligibility, but it may support a finding that the applicant did not voluntarily sever residence or intent to live permanently in the United States.

## Conclusion

The court granted naturalization because the applicant’s inability to return for more than one year was compelled by a foreign travel ban, and treating that involuntary absence as a break in continuous residence would be inconsistent with the statutory purpose of assessing sustained U.S. ties and intent to reside permanently in the United States.


In re Petition for Naturalization of Vafaei-Makhsoos, 597 F. Supp. 499 (D. Minn. 1984)