USCIS Simplifies Naturalization Process for Green Card Holders

In response to a recent court decision, USCIS has updated its naturalization policy to solely take into account the initial admission or adjustment for lawful permanent residents. This modification, which will affect all applications submitted after November 14, 2024, attempts to streamline the procedures for citizenship eligibility.

The policy guideline on citizenship requirements has been updated by the U.S. Citizenship and Immigration Services (USCIS). This modification makes it clear that naturalization candidates will only be required to provide proof of their legal entry as permanent residents upon their initial entrance or adjustment to Lawful Permanent Resident (LPR) status; subsequent reentries will not be subject to this requirement.

Overview: Naturalization

The process of granting U.S. citizenship to people who are already lawful permanent residents is known as naturalization. The main law controlling immigration in the United States, the Immigration and Nationality Act (INA), specifies the eligibility standards that applicants must fulfill in order to be eligible.

Key Eligibility Requirements for Naturalization

The following are the fundamental qualifying requirements for persons wishing to become citizens of the United States through naturalization:

• Having spent at least five years as a lawful permanent resident (LPR).
• Proving that, at the time of admission or status adjustment, they were legally admitted to the US as an LPR following current immigration regulations.

Prior Court Decisions and Interpretations

In the past, USCIS regulations mandated that a naturalization applicant must demonstrate lawful admission both during their initial entry or adjustment and any subsequent reentry into the country. However, this view has changed significantly as a result of a recent ruling by the Fourth Circuit Court of Appeals.

The court decided that even after removal proceedings were ended, a returning LPR who was considered an applicant for admission and given parole during that time nonetheless satisfied the lawful entrance criteria. According to the court’s reasoning, requiring legal admission at every reentry imposed an additional hardship not mentioned in the INA.

USCIS Complies with Court Orders

USCIS has updated its policy to make it clear that only the original admission as an LPR or adjustment to LPR status would be taken into consideration for naturalization in light of the court’s ruling. This implies that a candidate’s eligibility for citizenship will not be impacted by any further visits to the United States.

What Applicants Should Know About the New Policy

Per the revised guidelines:

• Only the applicant’s first entry or change to LPR status is now subject to the obligation to demonstrate lawful admission for permanent residence.
• Regardless of the circumstances, subsequent U.S. entry will not impact the application for naturalization.
• As of November 14, 2024, this modification applies to all applications that are pending or recently submitted.

Date of Effectiveness and Effect

All pending or submitted citizenship petitions on or after November 14, 2024, are subject to the new USCIS guidance, which takes effect immediately. By eliminating uncertainty surrounding legal admissions, this action seeks to simplify the naturalization process and give applicants more precise rules.

Conclusion

By concentrating only on the applicant’s initial admission or adjustment to LPR status, this modification represents a substantial change in how USCIS assesses lawful entry for naturalization. Many candidates should find the naturalization process easier as a result of this reform, which will guarantee that the requirements comply with existing immigration regulations without creating needless obstacles.

It is advised that applicants carefully read this revised policy and seek legal advice if they have any concerns about their unique situation or their eligibility for citizenship under the new rules.