IMMIGRATION LAWYERS TOOLBOX
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Naturalization Policy Update: Must Read
Now Green Card holders can carry this risk on them for the
…If the evidence suggests that an applicant abandoned his or her LPR status and was subsequently erroneously permitted to enter as a returning LPR, the applicant is ineligible for
If the officer determines that the Naturalization applicant has failed to meet the burden of establishing that he or she maintained LPR status, DHS places the applicant in removal proceedings by issuing a Notice to Appear (NTA) (Form I-862), where issuance would be in accordance with established guidance.”
Source: https://www.uscis.gov/ policy-manual/volume-12-partd-chapter-2
Policy Memo: https://www. uscis.gov/sites/default/ files/document/policymanual-updates/20201118LPRAdmissionForNaturalization. pdf
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An applicant who has abandoned his or her LPR status is not eligible for Naturalization. To naturalize under most provisions of the immigration laws, an alien must be lawfully admitted for permanent residence and have maintained LPR status through the naturalization process. USCIS may consider any relevant evidence of abandonment to assess whether the applicant is eligible for Naturalization.
ISSUE NO.
Practically speaking it was never NOT the rule. But practice as that if CBP made a determination of non-abandonment and permitted a Green Card to reenter, and the Naturalization look-back period is passed, it would not be an issue.
“USCIS Policy Manual, Part D, Chapter 2, Section B. Abandonment of Lawful Permanent Residence
Naturalization. This is because the applicant failed to establish that he or she was a lawfully admitted for permanent residence at the time of the subsequent reenter and failed to meet the continuous residence requirement for Naturalization.
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The troubling news came from the restatement of existing rules that were practically not followed: when applying for Naturalization, the entire period of a person’s Lawful Permanent Resident Status can be analyzed (not just the last 3 or 5 years depending on the case type). In particular, reviewing a case for abandonment. Thus if a client obtained their Green Card, and was outside of the US for a year and was permitted to reenter by CBP, then waiting 25 years to apply for Naturalization, the 1 year absence could lead to an abandonment of their residency, denial of the Naturalization application and an NTA!
rest of their lives and would face serious consequences by filing for Citizenship. Many Applicants without attorneys (and probably many with attorneys) are not aware of this update and can be subject to this issue. We have not yet seen how USCIS will be dealing with this. Hopefully the new administration will fix this:
ILT MAGAZINE
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ne of the parting bombshells the Trump administration left us before leaving office, was an update to the USCIS Policy Manual for Naturalization. The Nov. 18, 2020, Memo primarily touched upon the idea that if a Green Card was improperly issued, it could lead to a Notice To Appear (NTA) after processing a failed Naturalization case. Nothing surprising or new there.
