In a recent policy update, U.S. Citizenship and Immigration Services (USCIS) issued new guidance clarifying the burden of proof for naturalization applicants regarding their lawful admission as permanent residents. This update directly impacts those applying for U.S. citizenship, particularly individuals concerned about their lawful permanent residence status. Read this blog and reach out to a seasoned New York City immigration lawyer from the Lightman Law Firm to learn what this means and how it could affect your path to naturalization.
What Is the Updated USCIS Guidance on Naturalization Applications?
The updated guidance in the USCIS Policy Manual (Volume 12, Part D, Chapter 2) specifies that a naturalization applicant’s obligation to prove lawful admission as a permanent resident applies only to their initial admission or adjustment to lawful permanent resident (LPR) status.
This clarification resolves potential confusion about whether lawful admission for permanent residence needs to be demonstrated for subsequent reentries into the United States after becoming an LPR. Under the updated policy, USCIS will focus solely on the legality of the applicant’s initial admission or adjustment to LPR status—not their compliance during later entries.
This change aligns with the 4th Circuit Court of Appeals’ decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), which emphasized that only the original admission or adjustment process is relevant to determining lawful permanent residency for naturalization purposes.
Who Does This USCIS Policy Update Affect?
The new guidance applies to anyone currently applying for naturalization or planning to apply. Importantly, it applies to:
- Pending Applications: Individuals who have already filed naturalization applications.
- New Applications: Individuals who file applications on or after the publication date of this update.
If you are in the process of applying for U.S. citizenship or considering doing so, this policy could simplify your burden of proof regarding lawful permanent residency.
In the past, some naturalization applicants faced challenges if questions arose about their lawful status during subsequent reentries to the United States after becoming LPRs. These reentries could occur due to travel or other reasons.
The new policy eliminates ambiguity by ensuring that only the original grant of lawful permanent residency is scrutinized. This adjustment provides clarity and reduces unnecessary complications for applicants who have maintained their LPR status but may have faced additional questions about their eligibility due to later travel or reentries.
What Should Applicants Do Now?
If you are preparing to apply for naturalization, here’s how to approach this new guidance:
Review Your Immigration History: Ensure you have documentation proving your initial lawful admission or adjustment to LPR status.
Consult an Immigration Attorney: A competent attorney can help ensure that your application aligns with the updated requirements and address any concerns regarding your eligibility.
Act Quickly: This update is effective immediately. If you have been hesitant to apply for citizenship due to uncertainty about your status, now is a good time to review your options.
If you have further questions, please don’t hesitate to speak with the Lightman Law Firm today.
