U.S issues clarification on entry of foreigners to the United States for permanent residence

United States (U.S)Citizenship and Immigration Services has issued policy guidance in the USCIS Policy Manual to clarify that a naturalisation 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.

Naturalisation is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).

To be eligible for naturalisation, an applicant must fulfill certain eligibility requirements outlined in the Immigration and Nationality Act (INA). The requirements generally include being a lawful permanent resident (LPR) for at least five years.

An applicant for naturalisation must show that they have been lawfully admitted to the United States for permanent residence by all immigration laws in effect at the time of admission or adjustment.

In determining eligibility for naturalisation, the regulations further define this requirement as applying “at the time of the applicant’s initial entry or any subsequent reentry.”

However, in a recent decision, the Fourth Circuit Court of Appeals determined that a returning LPR treated as an applicant for admission and paroled into the United States for removal proceedings, which were later terminated, continued to meet the lawfully admitted for permanent residence requirement for naturalisation.

The court reasoned that USCIS’ reading of the regulations imposes an additional requirement for naturalisation not found in the statute by requiring that a naturalisation applicant must establish lawful admission at “any subsequent reentry.”

To align with this ruling, USCIS is updating its policy to limit consideration of lawful admission for permanent residence in the naturalisation context only to an applicant’s initial admission or adjustment and not the applicant’s subsequent reentries.

The new rules clarifies that for purposes of determining whether an applicant for naturalization meets the requirement of being lawfully admitted to the United States for permanent residence, USCIS considers whether a naturalisation 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 is effective immediately and applies to requests pending or filed on or after November 14, 2024. (Financial Times)