U.S. Updates Policy on Permanent Residency Eligibility for Foreign Nationals

The United States Citizenship and Immigration Services (USCIS) has issued new guidance to clarify the criteria for lawful permanent residency, particularly in the context of naturalization applications. This update simplifies the requirements by focusing exclusively on an applicant’s initial admission or adjustment to lawful permanent resident (LPR) status.

Under previous interpretations, applicants for naturalization were required to demonstrate lawful admission not only during their initial entry or adjustment but also at subsequent reentries into the United States. However, a recent ruling by the Fourth Circuit Court of Appeals found this additional requirement to be unnecessary and inconsistent with the Immigration and Nationality Act (INA).

The court’s decision involved a returning LPR who was paroled into the U.S. for removal proceedings, which were later dismissed. It concluded that lawful admission for permanent residence should be assessed only at the time of the individual’s original adjustment or entry as an LPR.

In response, USCIS has updated its policy to align with this ruling. The new guidelines ensure that naturalization applicants only need to prove lawful admission for permanent residence during their initial entry or adjustment, making the process clearer and more streamlined.

Effective immediately, the revised policy applies to all pending and new naturalization applications filed on or after November 14, 2024. This change is expected to reduce administrative hurdles and provide more consistency for applicants navigating the naturalization process.

For more information, visit the USCIS website .