For many immigrants, becoming a Lawful Permanent Resident (LPR) is crucial to achieving U.S. citizenship. However, being found inadmissible when adjusting status or admission as an LPR can jeopardize your ability to naturalize. In this blog, we explore the impact of inadmissibility on naturalization eligibility and why it’s critical to address these issues early in the immigration process.
Unlawful Admission or Adjustment of Status
During naturalization, USCIS officers examine the applicant’s initial admission as a lawful permanent resident (LPR) or their adjustment of status. If officers find that the applicant was inadmissible at the time of admission or adjustment, they may deny the naturalization application.
- Evidence of Inadmissibility: Inadmissibility can be identified during the initial review for LPR status or uncovered later, such as during naturalization. Causes of inadmissibility may include fraud, criminal history, medical issues, or other disqualifying factors under U.S. immigration law.
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Unlawful LPR Admission: Applicants unlawfully admitted as LPRs cannot use Form I-601 or Form I-602 to remedy their inadmissibility during naturalization proceedings.
Inadmissibility and its Impact on Naturalization
If USCIS finds an applicant inadmissible when admitted as an LPR or adjusted their status, their naturalization application will likely be denied. Here are some key reasons why inadmissibility can affect naturalization:
- Unresolved Inadmissibility: Applicants cannot correct an unlawful admission or adjustment of status during naturalization. USCIS will deny naturalization if the applicant did not address grounds of inadmissibility before obtaining LPR status.
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Impact on Eligibility: Applicants who were ineligible for adjustment of status or who gained LPR status unlawfully do not meet the lawful admission requirement under INA 318 for naturalization.
The Importance of Lawful Admission for Naturalization
To successfully naturalize, you must prove you were lawfully admitted for permanent residence. This means that, at the time of admission or adjustment of status, you met all requirements for LPR status without any disqualifying conditions. Common issues that could lead to inadmissibility include:
- Fraud or Misrepresentation: Providing false information or failing to disclose critical information during the immigration process.
- Medical Inadmissibility: Certain health conditions make you ineligible for LPR status.
- Criminal History: Committing certain crimes that disqualify you from being eligible for permanent residency.
To protect your eligibility for naturalization, addressing any grounds of inadmissibility before obtaining LPR status is vital. Here are some steps to help you navigate the process:
- Thoroughly Review Your Application: Make sure all information is accurate and complete. Disclose any past issues that could impact your eligibility.
- Seek Waivers When Necessary: If you think you may be inadmissible, work with an immigration attorney to secure a waiver before adjusting status or obtaining a U.S. immigrant visa.
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Consult an Immigration Attorney: Legal counsel can help ensure your application meets all requirements and address any potential inadmissibility proactively.
Avoiding Inadmissibility and Ensuring Citizenship Eligibility
Inadmissibility is a serious issue that can block immigrants from becoming U.S. citizens. Ensuring you meet all requirements for lawful admission as an LPR is essential. Any unresolved inadmissibility grounds can affect your naturalization eligibility. If you’re concerned about your admissibility or naturalization eligibility, consulting an experienced immigration attorney can make a significant difference in achieving your goal of U.S. citizenship.
