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

U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify that a naturalization applicant’s burden to demonstrate they have been lawfully admitted for permanent residence applies only to their initial admission as a lawful permanent resident (LPR) or adjustment to LPR status.

USCIS is updating Volume 12, Part D, Chapter 2 in the Policy Manual to clarify that an applicant for naturalization must show that they have been lawfully admitted to the United States for permanent residence in accordance with all immigration laws in effect at the time of admission or adjustment. Consistent with the 4th Circuit Decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), USCIS will consider whether a naturalization applicant was lawfully admitted for permanent residence or was lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, regardless of whether they were lawfully admitted for permanent residence at the time of any subsequent reentries to the United States.

This guidance, contained in Volume 12 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date.