Did you receive your green card (permanent residency status) unlawfully or have abandoned your green card? Attention - USCIS has updated their policy guidance in the manual to clarify the circumstances when they would find applicants ineligible for naturalization because of the unlawful admission of permanent residence (green card).
USCIS Updates Guidance to Clarify Certain Green Card Holders' Ineligibility for Naturalization
What has been updated?
In a nutshell, on top of other requirements under the pertinent naturalization provision, as a naturalization applicant, you will need to establish that you were lawfully admitted to the US for permanent residence in accordance with all provisions under the INA at the time of filing the naturalization application. A few important guidance updates include:
- If you obtained your lawful permanent resident (LPR) status in error, by fraud or not in compliance with the law, you won't be eligible for naturalization.
- Another important update is that if you have abandoned your permanent resident status, you are not eligible for naturalization. You will then be placed in removal proceedings with a Notice to Appear (NTA)
- If you are in removal proceedings pursuant to a warrant of arrest, USCIS would generally deny your naturalization application
See the full policy alert here.
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