Practice Advisory: Updated USCIS Guidelines for Vetting LPR Status During the Naturalization Examination

Last Updated

February 18, 2021
On Nov. 18, 2020, USCIS updated its policy guidance to clarify when naturalization applicants may be found ineligible for naturalization, including if the LPR status was not lawfully obtained for any reason. While USCIS has long taken the position that it can review LPR status again at time of naturalization, this policy guidance invites enhanced scrutiny of many aspects of an applicant’s immigration history. This practice advisory summarizes the Nov. 18, 2020 policy guidance, provides practice pointers for advocates preparing to file naturalization applications, and suggests strategies and possible solutions for clients whose naturalization applications have been denied based on an allegation that a grant of permanent residence was not lawful.