Filing N-400 while the I-751 is pending

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The I-751 is a slow process at USCIS. It is so slow, that many consider the N-400 Naturalizing while the I-751 Removal of Conditions is pending. Is this even possible? The post will dive deeper.

What are the Eligibility Requirements for N-400 Naturalization?

USCIS requires the following items in order to be eligible for Naturalization:

  1. Be a Lawful Permanent Resident for:
  2. Live in a Jurisdiction for at least 3 months;
  3. Be a Good, Moral Person with no bad crimes within the past 5 years; and
  4. Have physically resided in the United States for most of the LPR.

What if I become Eligible to Naturalize while my I-751 is Pending?

You may be able to apply for Naturalization, even though the I-751 is Pending. However, not every I-751 permits an N-400 Filing.

Example 1: For a (3-year) Marriage-based N-400, if your I-751 is a Marriage-based Joint filing, the USCIS Officer would conduct both I-751 and N-400 Marriage Interviews at the same time.

Example 2: If you are doing a (5-year) General-based N-400 and your I-751 is a Divorce-based filing, the USCIS Officer would confirm I-751 Eligibility and still conduct the N-400 Interview.

Example 3: If you are doing a (3-year) VAWA-based N-400 and your I-751 is an Abuse-based filing, the N-400 could not occur until AFTER the I-751 is Approved.

If you have any questions about Naturalizing while an I-751 Filing is Pending, you should speak with an Immigration Attorney. You may contact our office to set up an Immigration Consultation.


Related Blog Posts:

INA 319(b) Naturalization Option: Spouses of U.S. Citizens Employed or Stationed Abroad

N-400 Naturalization: Efficient and Electronic from start to finish

I was denied an I-90 filing since I had a Two-year conditional green card. What should I do now?



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