- 862 views
The United States Citizenship and Immigration Services has introduced a major modification to its naturalization policy, streamlining the requirements for lawful permanent residents seeking citizenship.
Under the revised guidance, applicants now need only demonstrate lawful admission for their initial entry or adjustment to Lawful Permanent Resident status, marking a departure from previous requirements. The path to naturalization, through which LPRs attain US citizenship, continues to follow the fundamental criteria established in the Immigration and Nationality Act. These provisions maintain the core requirement of LPR status for a minimum of five years, along with verification of legal admission under applicable immigration laws at the time of initial entry or status adjustment.
This policy revision stems from a landmark Fourth Circuit Court of Appeals decision that challenged the previous interpretation requiring proof of lawful admission for each reentry into the United States. The court's ruling specifically addressed cases where returning LPRs received parole during pending removal proceedings that were subsequently terminated, affirming that such individuals still satisfied the lawful admission requirement. The court determined that examining each reentry imposed unwarranted burdens beyond the INA's intended scope.
In response to this judicial interpretation, USCIS has refined its approach to focus exclusively on the initial admission or adjustment to LPR status when evaluating naturalization eligibility. This streamlined policy eliminates considerations of subsequent reentries, regardless of their circumstances, thereby simplifying the citizenship application process. Taking immediate effect, this updated guidance encompasses all pending naturalization applications and those submitted from November 14, 2024, onward.
The revision represents a significant step toward reducing procedural complexity and establishing more transparent guidelines for citizenship seekers.