Adjudication of Naturalization
Understanding USCIS Decisions: Adjudication and Naturalization Limits, including how the adjudication of naturalization is crucial in immigration law.
Navigating U.S. immigration law involves understanding key processes and legal limitations. Two important concepts are “adjudication” and a critical rule that prevents people in removal proceedings from becoming U.S. citizens.
What is Adjudication?
In a general sense, adjudication is the formal legal process of resolving a dispute or deciding a case, where an independent expert (the adjudicator) makes a binding decision. The adjudication process is integral to naturalization applications.
In the context of U.S. immigration, adjudication is the specific act of a U.S. Citizenship and Immigration Services (USCIS) officer reviewing an application or petition and making an official decision to either approve or deny it. This is the final step for many immigration processes, from visa petitions to applications for citizenship, including the adjudication of naturalization applications.
A Key Limitation: Naturalization and Removal Proceedings:
A crucial rule limits who can apply for naturalization (the process of becoming a U.S. citizen). This rule impacts the adjudication of naturalization applications significantly.
Based on the 2009 court case Perriello v. Napolitano, federal law prohibits USCIS from approving a naturalization application if the applicant is in active removal (deportation) proceedings. This directly affects the adjudication of such cases.
- The Law: This is based on the statute 8 U.S.C. § 1429, which gives precedence to removal proceedings over naturalization applications.
- The Result: Because of this, an immigration judge cannot terminate a removal case to allow someone to pursue citizenship. The removal process must be resolved first.
This rule applies across the board, although USCIS also handles a wide variety of other complex cases, such as adoption-based applications, each with its own set of specific requirements for adjudication of naturalization or other statuses.
