U.S. Citizenship and Immigration Services (USCIS), is updating policy guidance in its Policy Manual to promote consistency in the naturalization decision-making process and to clarify circumstances under which an applicant may be found ineligible for naturalization if the applicant was not lawfully admitted to the United States for permanent residence in accordance with all applicable laws.
In addition to meeting other requirements under the pertinent naturalization provision, a naturalization applicant has the burden of establishing that he or she was lawfully admitted to the United States for permanent residence in accordance with all applicable provisions under the INA at the time of filing the naturalization application. For example, an applicant is ineligible if he or she obtained lawful permanent resident (LPR) status in error, by fraud, or if the admission was otherwise not in compliance with the law.
Lastly, an applicant for naturalization who has abandoned his or her LPR status is not eligible for naturalization. Abandonment of LPR status can occur without intent, by going on a prolonged vacation outside of the country or purchasing a primary residence in a foreign country. The determination is made be an officer, who holds authoritative discretion when examining the facts. In effect, this policy change will likely lead to more naturalization denials, and perhaps even placement into removal proceedings if an abandonment of status is found.