U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to clarify that the requirement for naturalization applicants to prove lawful admission for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or their adjustment to LPR status.
This updated guidance is effective immediately and applies to all pending or newly filed naturalization requests.
Naturalization applicants must demonstrate that they were lawfully admitted to the United States for permanent residence in accordance with the immigration laws in effect at the time of their admission or adjustment. Regulations previously interpreted this requirement to apply to both the applicant’s initial entry and any subsequent reentries.
However, in a recent decision, the Fourth Circuit Court of Appeals ruled that a returning lawful permanent resident (LPR), who was paroled into the U.S. for removal proceedings that were later terminated, still satisfied the lawful admission requirement for naturalization. See Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024). The court found that USCIS’ interpretation of the regulations added an extra condition not specified in the statute, requiring proof of lawful admission at “any subsequent reentry.”
Accordingly, If the LPR status was not lawfully obtained for any reason, regardless of whether there was any fraud or willful misrepresentation by the applicant, the applicant is ineligible for naturalization even if the applicant was admitted as an LPR and possesses a Permanent Resident Card (PRC) (Form I-551).
To align with this ruling, USCIS is updating its policy to consider lawful admission for permanent residence in the naturalization process only at the time of the applicant’s initial admission or adjustment, excluding subsequent reentries.
HSD Immigration Lawyer will continue to monitor and share additional updates as USCIS releases pertaining to any new criteria for naturalization application.
Contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC, for additional information about this recent announcement and for filing a naturalization application.