Naturalization applicants need to prove only their initial lawful entry

USCIS updates guidance on lawful admission for permanent residence requirement for naturalization

By Arun Kumar

US Citizenship and Immigration Services (USCIS) has clarified that the obligation to prove lawful admission for naturalization applicants pertains solely to their initial admission or adjustment to lawful permanent resident (LPR) status.

According to the updated USCIS Policy Manual issued Nov 14, this change refines the interpretation of eligibility for US citizenship, aligning with recent legal decisions.

READ: Vivek Ramaswamy defends Trump plan for mass deportations (November 14th, 2024)

Under the Immigration and Nationality Act (INA), to qualify for naturalization to become a US citizen, an individual generally must have held LPR status for at least five years. A core component of this process is demonstrating lawful admission to the United States as an LPR under all relevant immigration laws at the time of their admission or adjustment to this status.

Earlier, regulations extended the requirement of lawful admission beyond the initial adjustment, suggesting that applicants might also need to prove compliance with immigration laws during any subsequent reentry to the United States.

However, a recent decision by the Fourth Circuit Court of Appeals has prompted USCIS to reconsider this interpretation. The case involved a returning LPR who was treated as an applicant for admission and paroled into the US for removal proceedings, which were ultimately dismissed.

The court ruled that this individual continued to meet the “lawfully admitted for permanent residence” requirement for naturalization, challenging USCIS’ broader reading of the regulation. The court found that USCIS’ previous interpretation imposed an additional requirement for naturalization not explicitly mandated by the statute.

By requiring applicants to demonstrate lawful admission during “any subsequent reentry,” the agency effectively expanded the statutory criteria, which focus on the initial admission or adjustment to LPR status. As a result, the court directed a narrower interpretation, limiting the lawful admission requirement to the initial admission or adjustment process.

In response, USCIS has revised its policy to align with the court’s ruling. The updated guidance specifies that in determining whether a naturalization applicant satisfies the lawful admission requirement, the agency will only consider the applicant’s initial admission as a lawful permanent resident or their adjustment to LPR status.

This clarification means that any subsequent reentries to the US will no longer factor into the evaluation of an applicant’s eligibility for naturalization.

“This policy update aligns our approach with recent judicial interpretations and ensures clarity for naturalization applicants,” USCIS stated. “For purposes of determining whether an applicant meets the requirement of being lawfully admitted to the United States for permanent residence, we will assess only the initial admission or adjustment, regardless of subsequent reentries.”

The new guidance takes effect immediately and applies to naturalization applications that are pending or filed on or after Nov 14, 2024. By adopting this narrower interpretation, USCIS aims to simplify the naturalization process and provide greater consistency in adjudicating applications.

The new guidance is contained in updated Volume 12, Part D, Chapter 2 of the USCIS Policy Manual.

Originally published by American Bazaar.