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Original Date Announced
November 18, 2020USCIS updates the Policy Manual to include further guidance on lawful admission for purposes of naturalization. It indicates that a noncitizen is ineligible for naturalization in cases where the applicant did not obtain LPR status lawfully; provides guidance on circumstances under which USCIS may find the application was not lawfully admitted; requires USCIS to review whether LPR status has been abandoned; and requires USCIS to deny naturalization applications by applicants in removal proceedings. [ID# 1171]
PA-2020-23: Prerequisite of Lawful Admission for Permanent Residence under All Applicable Provisions for Purposes of NaturalizationEffective Date
November 18, 2020Biden Administration Action: Revoked/Replaced
November 14, 20242024.11.14 USCIS Policy Alert on LPR Admission for Naturalization
This Biden administration policy revokes in part the Trump-era policy identified in this entry.
On November 14, 2024, USCIS issued policy guidance in the USCIS Policy Manual to "clarify that a naturalization applicant's burden to demonstrate they have lawfully been admitted for permanent residence applies only to the applicant's initial admission as a lawful permanent resident (LPR) or adjustment to LPR status." This policy change is made in response to the Fourth Circuit's ruling in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024).
This update replaces the Trump administration's prior update to the same provision on November 18, 2020, requiring a naturalization applicant show they were lawfully admitted for permanent residence at the time of their initial admission, "as well as all subsequent reentries to the United States." (citing to Pineda v. Nielsen, 729 F.App'x 348 (5th Cir. 2018) (unpublished), cert. denied sub nom. Pineda v. Nielsen, 139 S. Ct. 461 (2018)).
View DocumentBiden Administration Action: Revoked/Replaced
November 14, 20242024.11.14 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization
USCIS Policy Manual as updated on November 14, 2024 - Volume 12, Part D, Chapter 2: Lawful Permanent Resident Admission for Naturalization.
View DocumentCurrent Status
Fully in EffectMost Recent Action
November 14, 2024 Action: Revoked/Replaced 2024.11.14 - Chapter 2 - Lawful Permanent Resident Admission for NaturalizationNovember 14, 2024Acted on by Biden Administration
November 14, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: NaturalizationAgencies Affected: USCISPre Trump-Era Policies
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October 15, 2020
The Policy Manual prior to the expanded guidance on denial of naturalization applications.
Results of the Naturalization Examination -
October 15, 2020
The Policy Manual prior to guidance providing that USCIS deny naturalization applications if applicants are in removal proceedings. Prior guidance stated that "USCIS will not make a decision on any naturalization application from an applicant who is in removal proceedings."
Adjudicative Factors -
November 13, 2020
The Policy Manual prior to the expanded guidance on determining LPR status and evaluating whether LPR status has been abandoned.
Lawful Permanent Resident Admission for Naturalization
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Results of the Naturalization Examination
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Prior Policy
Original Source:
Adjudicative Factors
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Prior Policy
Original Source:
Lawful Permanent Resident Admission for Naturalization
Biden Administration Policy Documents
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