USCIS Message: USCIS Issues Policy Update to Better Protect Victims of Crime (U Visa Petitioners)

On Nov. 18, U.S. Citizenship and Immigration Services updated policy guidance in the USCIS Policy Manual to clarify the circumstances when USCIS will find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence. Applicants are ineligible for naturalization if they obtained lawful permanent residence (LPR) status in error, by fraud or otherwise not in compliance with the law.

The update also clarifies that USCIS review whether applicants have abandoned their LPR status when USCIS adjudicate their naturalization application. If an applicant does not meet the burden of establishing that they maintained LPR status, USCIS generally deny the naturalization application and place the applicant in removal proceedings by issuing a Notice to Appear (NTA).

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