U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying that a naturalization applicant’s obligation to prove lawful admission for permanent residence applies solely to their initial admission or adjustment to lawful permanent resident (LPR) status.
This update, detailed in Volume 12, Part D, Chapter 2 of the USCIS Policy Manual, emphasizes that applicants must demonstrate they were lawfully admitted or adjusted to permanent resident status in compliance with immigration laws in effect at the time of their initial admission or adjustment. Subsequent reentries to the United States will not be scrutinized for lawful permanent residence status under this new guidance.
The policy aligns with the 2024 Fourth Circuit Court of Appeals decision in Azumah v. USCIS, which held that only the initial lawful admission or adjustment to LPR status is relevant to determining eligibility for naturalization.
The updated guidance is effective immediately and applies to all pending and future naturalization applications filed on or after its publication date of November 14. This change is expected to streamline the naturalization process for applicants and bring clarity to the adjudication of cases involving LPR status.
