USCIS Updates Guidance on Lawful Admission for Permanent Residence Requirement for Naturalization

The U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance to clarify the lawful admission requirements for individuals applying for naturalization. This update ensures that applicants understand their obligation to demonstrate lawful admission as a lawful permanent resident (LPR) at the time of their initial admission or adjustment to LPR status.

Key Clarifications in the Updated Guidance

The updated guidance in Volume 12, Part D, Chapter 2 of the USCIS Policy Manual focuses on the following:

1. Initial Admission or Adjustment:

   • Naturalization applicants must demonstrate they were lawfully admitted for permanent residence at the time of their initial admission or adjustment to LPR status.

   • This applies regardless of the legality of subsequent reentries into the United States.

2. Alignment with Case Law:

   • USCIS will follow the principles set forth in the 4th Circuit decision, Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024).

   • This decision emphasizes that an applicant’s lawful admission for permanent residence is assessed based on the circumstances of the initial admission or adjustment—not any later entries.

3. Simplified Documentation:

   • Applicants are not required to prove lawful admission at every entry after becoming an LPR, focusing instead on the validity of the initial admission or adjustment.

Effective Date

This guidance is effective immediately and applies to all naturalization requests pending or filed on or after November 14, 2024.

Why Is This Change Important?

The update provides clarity and consistency in the naturalization process by narrowing the focus to an applicant's initial admission or adjustment. This ensures fairness and simplifies what can often be a complex documentation process for applicants.

Next Steps for Naturalization Applicants

• Review your initial admission or adjustment to LPR status to ensure it complies with all immigration laws in effect at the time.

• Gather any necessary supporting documentation from the time of your initial adjustment or admission.

If you are preparing for naturalization and have questions about meeting the lawful admission requirements, The Law Office of Ali Aziz, PLLC is here to guide you. Contact us today for personalized assistance with your naturalization application or other immigration matters.