USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization

Policy effect

Instructs adjudicators to review whether an applicant was lawfully admitted to LPR status and maintained status without abandonment, and mandates denial of naturalization applications filed on or after the effective date if the applicant is in pending removal proceedings initiated by a warrant of arrest.

Conditions and exceptions

Validated condition or limit: Instructs adjudicators to review whether an applicant was lawfully admitted to LPR status and maintained status without abandonment, and mandates denial of naturalization applications filed on or after the effective date if the applicant is in pending removal proceedings initiated by a warrant of arrest.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… which the applicant was previously admitted and then ordered removed. 2. Pending Removal Proceedings Except for certain applications for naturalization based on military service,[141] USCIS lacks the authority to grant naturalization to an applicant against whom there is a pending removal proceeding initiated by a warrant of arrest.[142] An NTA is a warrant of arrest for purposes of INA 318,[143] except in the 9th Circuit.[144] Officers should consult with USCIS counsel on any INA 318 cases in the 9th Circuit involving pending removal proceedings. Effective November 18, 2020, where a removal proceeding is pending against a naturalization applicant, USCIS denies the naturalization application under INA 318 based solely on the existence of pending removal proceedings against the applicant.[145] The officer may not issue a decision based on the merits of the naturalization application.[146] Therefore, if an NTA is issued and a removal proceeding is pending against a naturalization applicant on or before the date of the decision on the naturalization application, the officer should deny the naturalization application under INA 318,[147] even if the removal proceeding was administratively … before IIRIRA, the Warrant of Arrest may be Form I-221S, which is part of the Order to Show Cause (Form I-221). [^ 145] This applies to naturalization applications filed on or after November 18, 2020 (effective date of policy). See INA 318. See De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043 (9th Cir. 2004), as amended (agency’s denial of applicant’s naturalization application on the ground that INA 318 precludes the application from being considered while removal proceedings are pending is “unquestionably correct”). [^ 146] See Saba-Bakare v. Chertoff, 507 F.3d 337, 340 (5th Cir. 2007) ( …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2020

• 2020-02-01Advance USCIS permission removed for qualifying consular I-130 filings
• 2020-02-01Routine I-130 processing ends at most USCIS international offices
• 2020-02-02Suspension of Entry for Aliens Physically Present in China
• 2020-02-21Proclamation 9983 expands travel restrictions to six additional countries
• 2020-02-24Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule
• 2020-03-01Implementation of the H-1B Electronic Registration Process
• 2020-03-02Suspension of Entry for Individuals Present in Iran
• 2020-03-13Suspension of Entry for Persons Present in the Schengen Area
• 2020-03-16Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland
• 2020-03-18Somalia TPS designation extended through September 17, 2021
• 2020-03-20CDC Title 42 Public Health Border Suspension Order
• 2020-03-26Citizenship residence exception created for qualifying children living abroad
• 2020-04-23Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market
• 2020-05-26Brazil COVID-19 entry restriction begins on amended date
• 2020-06-24Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers
• 2020-07-28DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)
• 2020-08-21Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants
• 2020-08-21Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)
• 2020-08-25Revisions to Asylum Application, Interview, and Employment Authorization for Applicants
• 2020-09-23DHS temporarily requires government-provided interpreters for many asylum interviews
• 2020-10-02DHS finalizes USCIS fee schedule and fee-waiver changes
• 2020-10-08Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers
• 2020-12-01Redesigned civics test introduced for new naturalization applications
• 2020-12-07DHS narrows H-1B specialty occupation and third-party placement rules