With effect from 30 September 1996, the Illegal Immigration Reform and Accountability Act (IIRIRA) added new or amended grounds for inadmissibility. [57] If the Applicant was admitted as an LPR or adapted to LPR status prior to the effective date of a particular provision of IIRIRA, he or she was not subject to the new or amended grounds of inadmissibility of that provision. In general, if the applicant became an LPR before September 30, 1996, he would still be considered legally admitted to permanent residence, even if he had been declared inadmissible under IIRIRA. In general, an applicant for naturalisation who, before obtaining LPR status, has committed an act which would have rendered him inadmissible at the time of adaptation or admission as an LPR under one or more of the grounds for terrorist inadmissibility (TRIG) cannot be regarded as lawfully admitted under the permanent residence permit within the meaning of INA 318. [83] This is also the case if the conduct on which inadmissibility is based occurred before the ground of inadmissibility existed. [84] In general, a non-citizen who was lawfully admitted to permanent residence under applicable laws at the time of first entry and subsequent admission or return and admission (but who would not be eligible for LPR status today due to a change in the law) is still considered legally admitted to permanent residence within the meaning of INA 318. This does not apply if the law in force expressly states otherwise. [56] [^ 19] See Turfah v. United States Citizenship and Immigration Services, 845 F.3d 668 (6th Cir. 2017) (Determination of a non-citizen who is not legally admitted to permanent residence if he or she was granted LPR status due to government error). [^ 73] Regardless of their travel abroad, an applicant may still be legally admitted to permanent residence if the law of the county in which the applicant resided at the time of the adjustment of status considers GST to be an admission for the purposes of adjustment of status under INA 245(a), as long as the applicant remained in TPS at the time of the adjustment.

See Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013). See Ramirez v. Brown, 852 F.3d 954 (9 Cir. 2017). A CPP alone is not sufficient to demonstrate that the applicant has been legally admitted to permanent residence in accordance with all applicable provisions of the NPI. Section 318 of the Immigration and Nationality Act (INA) requires a naturalization applicant to provide proof that he or she has been lawfully admitted to permanent residence in the United States in accordance with all inA provisions in effect at the time of admission or adaptation.

[1] This requirement applies to the applicant`s initial admission as a lawful permanent resident (LPR) or adjustment of LPR status, as well as any subsequent re-entry into the United States. [2] As a general rule, the applicant must prove this at the time of application for naturalization. If LPR status has not been legally obtained for any reason, whether it is fraud or intentional misrepresentation, the applicant is not eligible for naturalization, even if they have been admitted as an LPR and hold a Permanent Resident Card (PRC) (Form I-551). [3] After a third-country national has applied for LPR status (either an adjustment of status or an immigrant visa), but before granting an adjustment of status or being admitted to the United States as an LPR, he or she may encounter new or additional circumstances that render him or her unfit or ineligible for LPR status. In such situations, the officer may have disregarded new or additional facts when approving the adjustment application or entering the United States on an immigrant visa. Therefore, for the purposes of INA 318, USCIS does not presume that a naturalization applicant is legally admitted to permanent residence if facts occurring after the filing date of the LPR application show that they were inadmissible or otherwise ineligible for LPR status. If the evidence indicates that an applicant renounced their LPR status and was subsequently mistakenly allowed to enter as a returning LPR, the applicant is not eligible for naturalization. Indeed, the applicant has not demonstrated that he was legally admitted to permanent residence at the time of his subsequent readmission[27] and has not met the permanent residence requirement for naturalization. [28] A Conditional Permanent Resident (CPP) who applies for naturalization based on their permanent resident status for 5 years (or 3 years for spouses of U.S. citizens) must have met all applicable requirements of the conditional residency provisions. CPCs are generally not eligible for naturalization unless the conditions of their permanent resident status have been lifted because these CPCs have not been legally admitted to permanent residence in accordance with all applicable provisions of the NPI. [6] However, there are certain exceptions[7] and, in certain circumstances, an official may decide on an application to abolish conditions of stay (Form I-751) during a naturalization procedure.

[8] Lawful permanent residents may leave and re-enter the United States multiple times as long as they do not intend to remain outside the United States for 1 year or more. Staying out of the country for more than a year (without a return permit) can result in the loss of permanent resident status. Where an inadmissible applicant was required to obtain a waiver of inadmissibility and no waiver was approved or inadmissible on a ground for which there was no waiver, the applicant was not legally admitted to permanent residence. [81] The reasons why an applicant may be inadmissible are set out in the following table. Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who have the legal right to live permanently in the United States. LPRs can accept an offer of employment without special restrictions, own property, receive financial support at public colleges and universities, and enlist in the armed forces. However, any naturalization applicant who submitted their application for accommodation on or after November 15, 2018 and who had not acquired a physical presence of 1 year at the time of submission is not considered legally admitted to permanent residence and would therefore not be fit for naturalization under INA 318. [118] If you are a conditional permanent resident, you must use Form I-751 (Application for Exemption from Residency Requirements).

In fact, even if a non-resident only spends 4 months a year in the United States, they will generally be considered a tax resident – even if they are primarily located outside the United States. After a period of time — five years in most cases, three years for spouses of U.S. citizens — permanent residents can apply to become U.S. citizens through a process called naturalization. Up to 6 months before the expiry date of your alien registration card, you can apply for an extension of the card by submitting Form I-90 (Application to Replace the Permanent Residence Card). Visit the USCIS website for more information. If an applicant`s LPR status was based on marriage, an official participating in a naturalization process may review the conduct related to the intention of the parties at the time of their marriage. [103] Evidence discovered during or after the decision on the application for exemption from residency requirements (Form I-751) may also raise the question of whether the underlying admission or adaptation to permanent residence was correct. In certain circumstances, USCIS may consider an applicant who has been legally admitted to permanent residence despite errors for the purposes of INA 318. For example, the USCIS assumes that a plaintiff who applied for special tax exemptions as a “non-resident alien” lost LPR status as a result of the waiver.

[54] The applicant may override this presumption by providing acceptable evidence that he has not renounced his LPR status. If an applicant was not eligible for an adjustment of status, he or she has not been legally admitted to permanent residence and is therefore not entitled to naturalization. [119] Examples of ineligibility to adjust status include: Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who have a legal right to live permanently in the United States. LPRs can accept an offer of employment without special restrictions, own property, receive financial support at public colleges and universities, and enlist in the armed forces.