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U.S. Citizenship and Immigration Services finalized a policy change in November 2024 that directly benefits lawful permanent residents awaiting naturalization. Following a Policy Manual update, the agency now examines the lawful admission requirement for permanent residence solely at the time the foreign national first received a green card — not at each subsequent reentry into the United States. The change ends years of uncertainty for green card holders with a history of international travel.
What Prompted the Update
The revision responds to the federal court ruling in Azumah v. USCIS, in which the court held that the examination of permanent residence — for purposes of Form N-400 — must be limited to the individual’s first entry as an immigrant. The case involved a Ghanaian national who had been lawfully residing in the U.S. since 2010 and had his citizenship application denied based on a 2014 reentry, when USCIS argued that a prior criminal conviction in his home country would have rendered that admission inadmissible.
The court rejected the agency’s interpretation. In the court’s view, the Immigration and Nationality Act requires an admissibility analysis at the time permanent residence was granted, not at each subsequent trip. USCIS chose not to appeal and instead updated its Policy Manual to align administrative practice with the ruling.
What the New Guidance Establishes
Volume 12, Part D of the USCIS Policy Manual now establishes that adjudication officers must confirm only whether the naturalization applicant was lawfully admitted for permanent residence — that is, whether the adjustment of status (Form I-485) or consular admission as an immigrant was processed in accordance with the law in effect on that date. Subsequent events, such as reentries after trips abroad, are no longer subject to re-examination for N-400 eligibility purposes.
The change does not waive compliance with the remaining naturalization requirements. Applicants must still demonstrate:
- Five years of continuous residence as a lawful permanent resident (three years for spouses of U.S. citizens);
- Physical presence in the U.S. for at least half of the qualifying period;
- Good moral character throughout the required period;
- English language proficiency and basic U.S. civics knowledge;
- Attachment to the U.S. Constitution and willingness to take the Oath of Allegiance.
Why This Matters for Brazilians
Brazil consistently ranks among the top countries for U.S. naturalizations, with 12,570 Brazilians naturalized in 2023 according to USCIS annual statistics. A significant portion of that group consists of lawful permanent residents who regularly travel to Brazil to visit family, manage business interests, or handle personal matters.
Prior to the update, those trips could trigger additional scrutiny — especially when an officer identified sensitive factors such as lengthy stays in the home country, contact with foreign judicial systems, or questions about the applicant’s intent to return. The new policy substantially reduces that risk. The officer’s focus is now on the integrity of the original green card grant, not the circumstances of each subsequent trip.
What Still Applies
The simplification does not mean international travel is irrelevant. The continuous residence requirement under INA §316 still follows the 180-day rule: absences exceeding six months create a presumption that continuous residence was broken, and the applicant must rebut that presumption. Absences of more than one year interrupt the count entirely, except in specific cases protected by a reentry permit or Form N-470.
In addition, lawful permanent residents with any criminal history — even minor offenses — should file with qualified legal counsel. The new guidance does not revise the good moral character analysis or alter the inadmissibility review at the original time of adjustment, which can lead to removal proceedings when serious offenses are identified belatedly.
Current N-400 Fees and Processing Times
The naturalization petition fee is $760 for paper filing and $710 for online filing, per the USCIS fee schedule in effect since April 1, 2024. Biometrics are included in the fee — the separate $85 biometrics charge from previous cycles no longer applies. Low-income applicants may request a fee waiver using Form I-912, and specific reductions are available for certain U.S. Armed Forces veterans.
Average processing times range from five to nine months depending on the responsible field office, with offices in major immigration hubs such as Miami, Houston, Newark, and Los Angeles showing longer queues. Updated information is available through the official USCIS processing times tool.
How This Decision Fits the Bigger Picture
This update is part of a broader USCIS effort to align its Policy Manual with court rulings that constrain administrative discretion. Cases such as Niz-Chavez v. Garland and Patel v. Garland have, in recent years, reshaped how naturalization and adjustment of status applications are reviewed. The post-Azumah policy follows the same logic: narrowing the room for denials based on expansive interpretations that go beyond the statutory text.
Practical Preparation for Form N-400
For those planning to file in 2026, organizing documentation ahead of time pays off. Recommended records include: a complete international travel history for the past five years with departure and reentry dates, proof of address, federal income tax returns (Form 1040), proof of any child support payments if applicable, marriage and divorce certificates, and documentation of any criminal history, even if charges were dismissed or records sealed. Thorough preparation substantially reduces the risk of a Request for Evidence or a second interview.
For the lawful permanent resident considering citizenship, the landscape in 2026 is more predictable. The critical variables remain the classic ones: length of residence, physical presence, good moral character, English proficiency, and civics knowledge. The difference is that travel history — once a recurring source of surprises — is no longer grounds to reopen the original admission analysis.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
