Policies to clarify how lawful permanent residence is assessed during the naturalization process. Previously, USCIS considered whether applicants met the requirements for lawful admission both upon their initial entry and upon subsequent re-entry. Under the new guidance, effective November 14, 2024, the agency will only assess lawful admission at the time of initial adjustment or admission as a lawful permanent resident (LPR).
This change follows a recent ruling by the Fourth Circuit Court of Appeals, which found that prior practice imposed additional requirements not specified in immigration law. Going forward, subsequent re-entries will no longer affect eligibility, as long as the initial admission as an LPR complies with all applicable laws.
The updated guidance applies to all naturalization applications filed or pending on or after November 14, 2024. Applicants are encouraged to ensure they meet the legal eligibility criteria and review their case before filing their naturalization application.