U.S. Citizenship and Immigration Services (USCIS) has announced a significant update to its policy regarding the lawful admission requirement for naturalization applicants.
Effective November 14, 2024, this change clarifies the burden of proof for lawful permanent residents (LPRs) seeking to become U.S. citizens.
The new guidance specifies that naturalization applicants need only demonstrate lawful admission for permanent residence at the time of their initial entry or adjustment of status. This marks a departure from the previous interpretation, which considered subsequent reentries into the United States.
This policy update aligns with a recent decision by the Fourth Circuit Court of Appeals in the case of Azumah v. USCIS. The court determined that USCIS’s earlier interpretation imposed an additional requirement not found in the statute. The court ruled that applicants should only need to prove their lawful admission at the time of their initial admission or adjustment to LPR status, rather than at any subsequent reentry.
This change is expected to simplify the naturalization process for many applicants, as it removes a layer of complexity related to their travel history. Under the new policy, USCIS will focus on an applicant’s initial admission or adjustment to LPR status, meaning that subsequent reentries will not be considered in determining lawful admission. This shift could significantly benefit long-term LPRs who have maintained their status but may have faced complications during later travels.
By narrowing the scope of what is required for naturalization, USCIS aims to provide a clearer and more consistent process for applicants.
The updated guidance is effective immediately and applies to pending requests as well as new applications filed on or after November 14, 2024. It has been incorporated into Volume 12 of the USCIS Policy Manual.
This change is part of USCIS’s ongoing efforts to streamline immigration processes and align them with recent legal interpretations, ultimately reducing barriers for eligible LPRs seeking to become U.S. citizens.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
