USCIS has revised its naturalization policy to consider only the initial admission or adjustment for lawful permanent residents, following a recent court ruling. This change aims to simplify the requirements for citizenship eligibility, impacting all applications filed from November 14, 2024, onwards.
U.S. Citizenship and Immigration Services (USCIS) has announced an update to its policy guidance regarding naturalization requirements.
This change clarifies that the obligation for naturalization applicants to prove they were lawfully admitted as permanent residents will only apply to their initial admission or adjustment to Lawful Permanent Resident (LPR) status, not subsequent reentries.
Understanding Naturalization
Naturalization is the process through which U.S. citizenship is granted to individuals who are already lawful permanent residents. To qualify, applicants must meet specific eligibility requirements outlined in the Immigration and Nationality Act (INA), which is the primary law governing immigration in the United States.
Key Eligibility Requirements for Naturalization
For those seeking US citizenship through naturalization, the basic eligibility requirements include:
• Being a lawful permanent resident (LPR) for a minimum of five years.
• Demonstrating that they were lawfully admitted to the United States as an LPR in compliance with existing immigration laws at the time of entry or adjustment of status.
Previous Interpretation and Court Ruling
Previously, USCIS regulations required that an applicant for naturalization needed to establish lawful admission not just at the time of their initial entry or adjustment but also during any later reentries into the United States. However, a recent decision by the Fourth Circuit Court of Appeals has influenced a significant change in this interpretation.
The court ruled that a returning LPR who was treated as an applicant for admission and granted parole while removal proceedings were underway still met the lawful admission requirement, even after the proceedings were terminated. The court’s interpretation concluded that requiring lawful admission at each reentry added an extra burden not specified in the INA.
USCIS Aligns Policy with Court Decision
In response to the court’s decision, USCIS has revised its policy to clarify that for naturalization, only the initial admission as an LPR or adjustment to LPR status will be considered. This means that subsequent reentries to the United States will not impact an applicant’s eligibility for citizenship.
What the New Policy Means for Applicants
Under the updated guidance:
• The requirement to prove lawful admission for permanent residence now focuses solely on the applicant’s initial entry or adjustment to LPR status.
• Subsequent entries into the United States, regardless of circumstances, will not affect the naturalization application.
• This change applies to all pending or newly filed applications as of November 14, 2024.
Effective Date and Impact
The new USCIS guidance is effective immediately and applies to all naturalization applications that are currently pending or filed on or after November 14, 2024.
This move aims to provide clearer guidelines for applicants and streamline the naturalization process by removing ambiguity around lawful admissions.
Conclusion
This update marks a significant shift in how USCIS evaluates lawful admission for naturalization, focusing strictly on the applicant’s initial admission or adjustment to LPR status.
This change is expected to simplify the naturalization process for many applicants, ensuring that the criteria align with current immigration laws without adding unnecessary hurdles.
Source: https://travelobiz.com/uscis-eases-naturalization-rules-for-lawful-permanent-residents/
