USCIS has simplified the requirements for obtaining US citizenship

The United States Citizenship and Immigration Services (USCIS) has issued a special clarification regarding naturalization. Applicants for naturalization are required to prove lawful entry into the country before receiving permanent resident status (green card) only in the case of their first entry into the United States, and not on all subsequent entries, explains officeThese changes to the rules were made based on a recent court decision.

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Previously, USCIS required citizenship applicants to prove the legality of their first and each subsequent entry into the United States as a permanent resident. But the court ruled that this requirement was unlawful. Now, it is sufficient to prove the legality of entry only when initially obtaining a green card or changing status.

An applicant for naturalization must prove that he or she was lawfully admitted to the United States as a permanent resident or adjusted status under the immigration laws then in effect. This requirement previously applied to “their initial and any subsequent entries.” However, a recent decision by the Fourth Circuit Court of Appeals held that even those who lost their permanent resident status and entered the country illegally may be naturalized, provided that their initial entry into the United States (the one during which they obtained a green card) was lawful.

That is, if you obtained a green card legally and then lost your right to live in the United States as a permanent resident, you can still return and become eligible for U.S. citizenship, even if your entry upon return was illegal.

The court held that USCIS's interpretation of requiring proof of the lawfulness of each subsequent entry adds an additional condition for citizenship that is not in the law.

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These changes came into force on November 14, 2024 and apply retrospectively, even to applications for naturalization that were submitted earlier.

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