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USCIS eases naturalization criteria on lawful admission
This policy update is expected to simplify the naturalization process for many applicants, ensuring that USCIS’ procedures align with statutory requirements and recent judicial interpretations.
US Citizenship and Immigration Services (USCIS) / USCIS
US Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying that a naturalization applicant’s obligation to demonstrate lawful admission for permanent residence applies solely to their initial admission as a lawful permanent resident (LPR) or their adjustment to LPR status.
The update, which takes immediate effect, aligns with a recent Fourth Circuit Court of Appeals ruling and impacts all pending or future requests filed on or after Nov.14, 2024.
Naturalization is the process by which US citizenship is granted to a lawful permanent resident after meeting requirements established in the Immigration and Nationality Act (INA). Applicants generally must demonstrate they have been lawful permanent residents for at least five years, among other eligibility criteria.
Previously, regulations required naturalization applicants to show lawful admission at their “initial entry or any subsequent reentry” into the United States. However, in a pivotal decision, the Fourth Circuit Court of Appeals ruled that this interpretation added an extra statutory requirement not found in the INA.
The case involved a returning LPR who was paroled into the US for removal proceedings, which were later terminated. The court found that the individual met the lawful admission requirement for naturalization based on their initial admission as an LPR.
“The court reasoned that USCIS’ reading of the regulations imposes an additional requirement for naturalization not found in the statute,” the decision stated, emphasizing that lawful admission should only be assessed at the time of initial admission or adjustment.
In response, USCIS has updated its policy to limit the consideration of lawful admission for permanent residence in the naturalization process to an applicant’s initial admission or adjustment. The agency clarified that subsequent reentries to the US will not impact an applicant’s eligibility for naturalization regarding lawful admission.
The new policy states: “For purposes of determining whether an applicant for naturalization meets the requirement of being lawfully admitted to the United States for permanent residence, USCIS considers whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States.”
This policy update is expected to simplify the naturalization process for many applicants, ensuring that USCIS’ procedures align with statutory requirements and recent judicial interpretations.
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