U.S. Citizenship and Immigration Services (USCIS) has issued a significant update to its policy guidance regarding the naturalization process. The updated guidance, now included in the USCIS Policy Manual (Volume 12, Part D, Chapter 2), clarifies the burden of proof for applicants to demonstrate that they have been lawfully admitted for permanent residence (LPR).
Under the new policy, naturalization applicants must show that they were lawfully admitted for permanent residence or lawfully adjusted to permanent resident status at the time of their initial admission or adjustment, in accordance with the immigration laws in effect at that time. This guidance aligns with the 4th Circuit’s decision in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024), and emphasizes that applicants' subsequent reentries into the United States are not relevant to their eligibility for naturalization.
This clarification is crucial for applicants seeking to meet the naturalization requirements, as it refines how USCIS evaluates the applicant's lawful permanent resident status. The updated guidance applies immediately to all requests pending or filed on or after the publication date.
For those pursuing naturalization, it is important to understand how this policy may impact your application. If you have questions or concerns about your eligibility or the naturalization process, please feel free to reach out to us for a consultation.
At Elarar Law, we are committed to keeping you informed and providing expert guidance through the immigration process. Visit our website at www.elararlaw.com or contact us today to schedule a consultation.
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