The United States Citizenship and Immigration Services (USCIS) has recently made a significant change to its policies, simplifying the naturalization process for lawful permanent residents (LPRs, green card holders).
This update clarifies when immigrants must prove their lawful entry into the United States as permanent residents. Under the new regulations, only their initial entry will be reviewed.
Prior to this update, immigrants applying for U.S. citizenship had to prove their legal entry into the U.S. with each entry or re-entry. This requirement was particularly burdensome for frequent travelers who entered and exited the U.S. multiple times.
According to the new policy, the USCIS will only review the first entry and the legality of the procedures when obtaining lawful permanent resident status (LPR). Any subsequent travel or re-entry will not require additional proof of legal entry.
This new policy aligns with the ruling in the “Azumah v. USCIS” case of 2024. The court determined that requiring immigrants to provide proof of legal entry for each arrival would create unnecessary barriers, and such a demand is not supported by U.S. immigration law.
Therefore, the immigration agency updated its policy manual to reflect this legal precedent and make the process clearer and fairer.
The policy change was announced on November 14, 2024, and all applications submitted thereafter will be subject to the new regulations. These new rules aim to reduce confusion, paperwork, and unnecessary scrutiny for lawful immigrants.
If you are a lawful permanent resident (LPR) preparing to apply for U.S. citizenship, this change is good news for you.
If you entered the U.S. legally and adjusted your status to that of a green card holder through family sponsorship, asylum, or employment, and the procedures were legal, you meet this requirement.
If you traveled internationally and returned to the U.S. after obtaining your green card, the USCIS will not require you to provide proof of legal entry for these subsequent re-entries when reviewing your naturalization application.
Becoming a U.S. citizen is a dream for many, and if you plan to apply for citizenship, you can review your green card history to ensure that your initial entry or adjustment to LPR status was legal.
Although proof of legal re-entry for each re-entry is not required, other naturalization requirements must still be met, such as continuous residency, good moral character, and passing the English and civics tests.