The Fourth Circuit has determined that a lawful permanent resident who became inadmissible and deportable by virtue of a conviction entered after he obtained his residency is stil eligible to naturalize. The court examined the regulation at 8 CFR § 316.2(b), focusing ont he requirement that a permanent resident be lawfully admitted to the United States during any subsequent reentry.  The Court concluded that simply because the applicant was inadmissible due to his conviction at the time of his last entry to the United States, that did not change that he was lawfully admitted as a permanent resident when he reentered the United States, as it was undisputed that he continued to enjoy his permanent resident status at the time of his reentry.  

The full text of Azumah v. USCIS can be found here: https://www.ca4.uscourts.gov/opinions/222175.P.pdf

Comment