One of the perks of receiving Conditional Lawful Permanent Residence status (i.e., a conditional 2-year green card) through marriage to a U.S. citizen is that you typically become eligible to apply for U.S. citizenship through the Naturalization process within 3 years of receiving your conditional green card. The good news is that your time as a conditional resident counts towards the 3-year continuous residence requirement for the purpose of Naturalization.
However, many conditional residents wonder whether or not they may pursue the Naturalization process while they have an I-751, Petition to Remove Conditions on Residence, pending adjudication with the USCIS. The short answer is yes, they can!
Even if you have submitted Form I-751 with the USCIS and you have not yet received an approval of the application or your physical 10-year green card, you may still be eligible to pursue the Naturalization process by submitting Form N-400, Application for Naturalization, while your I-751 application is still undergoing processing.
However, it is important to keep in mind that the USCIS will not approve your Form N-400 without first approving your Form I-751. Nonetheless, applying for Naturalization under these circumstances may help to speed up the overall process.
USCIS INTERVIEW PROCESS WHEN BOTH THE I-751 AND N-400 ARE PENDING APPROVAL:
If you have been scheduled for your Naturalization interview with the USCIS, and your I-751 application is still pending approval, then you should prepare to have your spouse attend the Naturalization interview with you if the Form I-751 was jointly filed (i.e., if you and your spouse filed the I-751 application together). During the interview, you and your spouse will first need to be questioned to ensure that you meet the requirements for approval of the I-751 application. If all goes well, the Immigration Officer may approve your Form I-751, and then move on to the Naturalization interview afterward.
However, in some cases, the USCIS will not process both applications at the same time. Instead, they may simply process your I-751 application before scheduling you for an N-400, Naturalization interview. Meaning, your Naturalization application will remain on “pause” until a final decision has been made on your pending I-751 application.
NEED HELP FROM AN EXPERIENCED AND TRUSTED IMMIGRATION ATTORNEY?
While it is not mandatory, it is always highly recommended to hire a knowledgeable Immigration Attorney to assist you with the preparation of your immigration application(s). A reputable Immigration Law Firm, such as the Law Office of Olivia C Cummings, will have an experienced attorney review your entire case to determine what process is best for you moving forward. A case review by an Immigration Attorney will help to weed out any possible issues that may arise in an attempt to eliminate the possibility of an application denial, or worse, an immigrant being placed into deportation and removal proceedings.
If you have a pending I-751 application and you are interested in applying for U.S. Citizenship, or if you are on the fence about it and would like to gather additional information, please contact the Law Office of Olivia C Cummings to schedule a detailed and informative consultation with our experienced Immigration Attorney. We will guide you through the entire process and answer any questions that you may have.
Contact our office today via phone at (772)236-0148 or via email at office@cummingslawpractice.com.
You can also visit our website at www.cummingslawpractice.com.
Attention: This article was written to provide general information, which should not be construed as legal advice. If you are seeking advice on a specific legal matter, you are encouraged to contact our law firm directly and schedule a consultation with our Immigration Attorney for a thorough review of your case.
