Many immigrants seek to become Lawful Permanent Residents (LPR) through adjustment of status and eventually apply for U.S. citizenship. However, adjustment of status ineligibility and naturalization eligibility issues can arise, preventing a successful outcome. This blog explains the situations that can lead to ineligibility and how they can impact applicants.
Ineligibility for Adjustment of Status
To adjust status and become an LPR, individuals must meet specific requirements to avoid issues with adjustment ineligibility and naturalization. USCIS considers an applicant not lawfully admitted for permanent residence if they were ineligible when granted. This also makes them ineligible for naturalization.
Examples include:
- Crewman Status: Crewmen are ineligible for adjustment of status under INA 245, preventing them from becoming permanent residents.
- Exchange Visitors: Exchange visitors who did not fulfill the two-year foreign residence requirement or obtain a waiver cannot adjust their status or receive an immigrant visa.
Disqualifying Facts Discovered After Filing
After a noncitizen files an application for LPR status (adjustment of status or an immigrant visa), new circumstances may arise before they receive approval or entry to the United States. These new facts can make the applicant ineligible or inadmissible for LPR status. If officials did not consider these facts during the application approval or admission process, they could still affect the applicant’s status. The government may have approved the original application by mistake, allowing these new facts to impact eligibility.
For example:
- If new facts show that the applicant was inadmissible or ineligible for LPR status, USCIS will consider them not lawfully admitted for permanent residence under INA 318. This applies even if USCIS already granted the adjustment.
Ineligibility for Derivative Applicants
Derivative applicants—spouses or children of a principal immigrant—may also face ineligibility for adjustment of status. A derivative’s eligibility is tied to the principal’s status. Situations that may render a derivative ineligible include:
- Adjustment Before Principal: The derivative was admitted or adjusted before the principal applicant.
- Principal Naturalizes Before Derivative Adjusts: If the principal applicant naturalizes (becomes a U.S. citizen) before the derivative’s adjustment is complete, the derivative (spouse or child) can no longer adjust their status based on the principal’s LPR status. This means that once the principal becomes a citizen, the derivative can no longer use the principal’s previous green card status as a basis for adjustment, and they would need to explore other immigration options to continue their path to permanent residency.
- Authorities may consider the derivative’s status unlawful if they rescind the principal’s LPR status or find it was obtained through fraud or misrepresentation.
How Ineligibility Affects Naturalization
USCIS denies naturalization if it finds an applicant’s LPR status unlawful. Under INA Sections 318 and 316(a)(1), USCIS denies naturalization if the applicant did not receive lawful admission for permanent residence.
- Naturalization Denial: Applicants whose LPR status is rescinded or placed in removal proceedings become ineligible for naturalization.
- Fraud and Misrepresentation: Fraud or misrepresentation in obtaining LPR status will disqualify the applicant from becoming a U.S. citizen.
Protecting Your Status and Eligibility
To protect against Adjustment of Status Ineligibility and Naturalization Eligibility issues, ensure your application is truthful, complete, and meets all requirements for LPR status. If you are unsure about your eligibility or need guidance, consulting an experienced immigration attorney is recommended.
Avoiding Ineligibility for Adjustment of Status and Naturalization
Understanding the grounds for ineligibility is crucial for anyone on the path to U.S. citizenship. Meeting all requirements, avoiding fraud or misrepresentation, and ensuring proper relationships between derivative applicants and principals are key to protecting your immigration journey. If you have concerns, seeking help from an immigration professional can make a big difference in successfully navigating U.S. immigration law.
