The recent USCIS policy update clarifies how the agency determines whether an applicant for naturalization meets the requirement of having been lawfully admitted for permanent residence. This change, prompted by the Fourth Circuit’s Azumah v. USCIS decision, focuses on the applicant’s initial admission or adjustment to lawful permanent resident (LPR) status, not on subsequent re-entries.

Key Changes:

1. Focus on Initial Admission or Adjustment:
   • Applicants must now prove lawful permanent residence at the time of their initial admission or adjustment to LPR status.
   • Subsequent re-entries into the U.S. will no longer be considered when evaluating lawful admission for naturalization, in line with the Azumah ruling.
2. Impact of the Azumah Decision:
   • The Azumah case confirmed that an LPR who re-enters the U.S. after being paroled for removal proceedings does not lose their LPR status. USCIS has adopted this interpretation, so re-entries are not considered in assessing an applicant’s lawful admission for naturalization.
3. USCIS Policy Manual Update:
   • The policy update is reflected in Volume 12, Part D, Chapter 2 of the USCIS Policy Manual, clarifying how LPR abandonment is assessed and how changes in the law affect naturalization eligibility.
4. Effective Date:
   • This update is effective immediately and applies to all pending and newly filed naturalization applications.

The update makes it easier for applicants who had re-entry issues but maintained their LPR status, as they no longer need to demonstrate continuous LPR status, just their initial lawful admission or adjustment.

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Policy-manual-updates/20241114-LPRAdmissionForNaturalization.pdf