For many lawful permanent residents (LPRs) in the United States, the path to citizenship is a significant milestone. However, the process can be complex, especially for those who obtained their green cards through marriage and are required to file Form I-751, Petition to Remove Conditions on Residence. What many people don’t realize is that you can apply for U.S. citizenship (naturalization) even while your I-751 is still pending, as long as you meet certain eligibility requirements. This article will provide a detailed, step-by-step explanation of how this process works, including examples to help you understand.
Understanding Form I-751
Form I-751 is filed to remove the conditions on your green card, which is issued when your permanent resident status is based on marriage to a U.S. citizen and the marriage is less than two years old. A conditional green card is valid for two years, and you must file Form I-751 within the 90 days before it expires to maintain your status.
While it’s common to wait for your I-751 to be approved before pursuing naturalization, U.S. Citizenship and Immigration Services (USCIS) allows you to apply for citizenship while your I-751 is still pending. This is because your conditional status is still valid as long as you filed the I-751 on time.
Eligibility for Naturalization
If you are married to a U.S. citizen, you can apply for naturalization under the three-year rule. This means:
You must have been a lawful permanent resident (conditional or otherwise) for at least three years.
You must have been living in marital union with your U.S. citizen spouse during that time.
You can file your naturalization application (Form N-400) 90 days before the three-year anniversary of becoming a lawful permanent resident.
For example:
Date of Conditional Green Card Approval: January 1, 2022
Three-Year Anniversary: January 1, 2025
Earliest Date You Can Apply for Citizenship: October 3, 2024
Even if your I-751 is still pending as of October 3, 2024, you can submit your N-400 application.
Step-by-Step Guide to Applying for Citizenship While I-751 Is Pending
Ensure Eligibility for NaturalizationVerify that you meet all requirements for naturalization under the three-year rule, including continuous residence, physical presence, and good moral character.
Prepare Form N-400 (Application for Naturalization)
Fill out the N-400 accurately and completely.
Include all required supporting documents, such as proof of your marital relationship, evidence of your spouse’s U.S. citizenship, and documentation of your continuous residence.
Attach a Copy of Your Pending I-751 Receipt Notice
Include a copy of the I-751 receipt notice (Form I-797, Notice of Action) with your N-400 application. This serves as proof that you’ve filed to remove the conditions on your residence.
Submit the N-400 Application
File your N-400 online or via mail to the appropriate USCIS address. Be sure to pay the required filing fee or include a fee waiver request, if applicable.
Attend Biometrics Appointment(s)
You may need to attend two separate biometrics appointments: one for your I-751 and one for your N-400. USCIS will notify you of the date, time, and location.
Prepare for Your Naturalization Interview
USCIS may choose to combine your I-751 adjudication and naturalization interview. Be prepared to discuss both your I-751 and your N-400 during the interview. Bring:
Proof of ongoing marital relationship (e.g., joint bank statements, lease agreements, photos).
Evidence supporting your eligibility for naturalization.
Attend the Combined Interview
During the interview, USCIS will first review your I-751 petition. If everything is in order, they will approve the I-751 and proceed to the N-400 portion.
You’ll take the English and civics tests unless you qualify for an exemption.
Wait for Approval
If everything is satisfactory, USCIS will approve your naturalization application. You’ll then be scheduled for an oath ceremony to officially become a U.S. citizen.
Example Scenario
Let’s say Maria received her conditional green card on June 15, 2021. She files her I-751 on time in April 2023, but the petition is still pending in October 2024. Maria is married to a U.S. citizen and meets all the requirements under the three-year rule. She can apply for naturalization on October 15, 2024, by filing Form N-400.
When Maria attends her naturalization interview, the USCIS officer will review her I-751 first. If satisfied, they’ll approve her I-751 and continue with the naturalization process. Assuming everything goes well, Maria can expect to take the oath of allegiance and become a U.S. citizen shortly after.
Key Considerations
Timing is Critical: Ensure you file your N-400 no earlier than 2 years and 9 months after becoming a conditional permanent resident. Filing too early could result in a denial.
Combo Interviews: If your I-751 is still pending, USCIS may combine the interviews for both applications. Be prepared to provide evidence of your bona fide marriage (e.g., joint bank accounts, lease agreements, photos, etc.).
Delays in Processing: USCIS processing times vary, and delays in adjudicating your I-751 could impact your naturalization timeline. However, filing the N-400 can sometimes expedite the I-751 process.
Legal Assistance: If your case is complex (e.g., divorce, separation, or issues with your marriage), consult an immigration attorney to ensure you meet all requirements.
Frequently Asked Questions
Q: Can I apply for citizenship if I’m divorced and my I-751 is pending?A: Yes, but you must meet the eligibility requirements for a waiver of the joint filing requirement for the I-751 (e.g., proving the marriage was entered in good faith).
Q: What happens if my I-751 is denied while my N-400 is pending?A: If your I-751 is denied, you may lose your conditional permanent resident status, which could lead to the denial of your N-400. It’s crucial to address any issues with your I-751 promptly.
Q: Can I travel outside the U.S. while my I-751 and N-400 are pending?A: Yes, but ensure you have a valid green card or a valid I-751 receipt notice with an extension of your conditional resident status. Extended travel could impact your continuous residence requirement for natura
By taking advantage of this opportunity, you can save time and reach your goal of U.S. citizenship faster. Always ensure that your applications are complete and accurate, and consider seeking legal advice if you have specific concerns about your case.
Applying for U.S. citizenship while your Form I-751 is pending is a viable option for many conditional permanent residents, especially those married to U.S. citizens. By understanding the eligibility requirements and following the steps outlined above, you can navigate the process smoothly and achieve your goal of becoming a U.S. citizen. Always stay informed, keep track of deadlines, and seek legal advice if needed to ensure a successful outcome.
Comments