US Citizenship and Immigration Services (USCIS) recently made a significant clarification regarding the requirement for naturalization applicants to prove lawful admission. The updated USCIS Policy Manual, issued on Nov 14, emphasizes that applicants only need to demonstrate lawful admission during their initial entry or adjustment to lawful permanent resident (LPR) status.
In the past, there was ambiguity surrounding whether applicants had to prove compliance with immigration laws during subsequent reentries to the United States. However, a recent decision by the Fourth Circuit Court of Appeals challenged this broader interpretation. The court ruled in favor of a returning LPR who had been paroled into the US for removal proceedings, ultimately dismissing the case. The court determined that the applicant continued to meet the lawful admission requirement for naturalization, despite not meeting the additional criteria imposed by USCIS.
As a result of this legal decision, USCIS has revised its policy to align with the court’s ruling. The agency will now only consider an applicant’s initial admission as an LPR or their adjustment to LPR status when determining lawful admission for naturalization. This means that subsequent reentries to the US will no longer be taken into account during the evaluation process.
The updated guidance aims to simplify the naturalization process and provide greater consistency in adjudicating applications. USCIS states that this policy change is in line with recent judicial interpretations and ensures clarity for naturalization applicants. The new guidance, which is effective immediately, applies to pending or filed naturalization applications from Nov 14, 2024, onwards.
By adopting this narrower interpretation, USCIS hopes to streamline the naturalization process and remove unnecessary hurdles for applicants. This change will help ensure that the eligibility criteria for US citizenship are applied consistently and fairly to all individuals seeking naturalization.
