The Conditional Lawful Permanent Resident status issued to US immigrants has some benefits, including making you eligible to apply for US citizenship. You would have to go through the Naturalization process within three years of obtaining your conditional green card.
However, the question on the minds of every U.S citizen is if conditional resident counts and you can pursue the process while I-751 is pending for naturalization interview in the official government organization.
This article will answer questions on many conditional residents’ minds regarding Form I-751.
Can You Apply for Citizenship While Waiting for My Green Card?
You can apply for citizenship even if your I-751 is pending and you’re yet to receive your green card. However, the USCIS won’t approve the N-400 if the I-751 isn’t approved. Nevertheless, you can fill out the form and submit it while you wait for your green card, provided you meet the eligibility requirements.
Can I Apply for Naturalization Before Removal of Conditions Approval?
The USCIS generally requires that the removal of conditions must be approved before an immigration officer adjudicates the naturalization application. However, nothing stops you from applying for the naturalization USCIS processing provided you are eligible.
Furthermore, some CPRs may be eligible for naturalization without having the conditions removed or filing a petition. Those people include those who are married to a US citizen employed and on the basis of qualifying military service.
Can I Apply for U.S. Citizenship While My I-751 Is Pending?
You can apply for a US green card while your form I-751 is pending adjudication with the United States Citizenship and Immigration Services.
However, to be eligible to apply, you’ll need to submit the Application for Naturalization form – Form N 400 while you wait for the review of every government information provided for you and your U.S citizen spouse. Nevertheless, understand that the USCIS won’t approve the form without first approving the I-751.
What Is a Conditional Permanent Resident Status?
A permanent resident status by marriage is said to be conditional if the marital union is less than two years on the issue date. The conditional resident is issued Form I-551, a two-year valid Permanent Resident Card.
The conditional permanent resident also needs to file an I-751 petition with their petitioning spouse. Then, they’ll need to submit it to the USCIS within 90 days before the conditional residence expiration date.
What Is the Requirement for Continuous Residence?
A non-citizen who was lawfully admitted for permanent residence under the laws in effect at the time of their initial entry is legally admitted for naturalization purposes, even if they would not be eligible under current law unless otherwise provided by the governing law.
Can I Apply for U.S. Citizenship if My Petition to Remove Conditions Is Still Pending?
You typically need to file Form I-751 at the local USCIS office or gov. websites to remove the conditions on your residency 90 days before expiration. The USCIS often delays adjudicating the petitions, but it made provisions for applicants to continue working even after your card expires.
However, you can apply for US citizenship while the I-751 petition is pending, provided you are eligible.
Can You File Form N-400 Application Without an Approved I-751?
If you qualify for the naturalization process based on the sensitive information provided, you can file Form N-400 with your I-751 receipt notice and a cover letter. The letter should explain that you want to naturalize under the nationality act, Immigration and Nationality Act Section 319(a).
You will be scheduled for a naturalization interview where the United States Citizenship and Immigration Service will decide on your I-751 petition after ensuring you are safely connected with your spouse, and then your N 400 application if the former is approved. You can access these dates for the same interview on secure websites provided by the government.
Conclusion
Applying for forms I-751 and N-400 with the USCIS can be a locked padlock when it is still pending, which is why we recommend an experienced immigration attorney to help you, as the spouse, review the general information needed for filing. For example, it may happen that the USCIS did not transfer your I-751 to the office with your N-400 form for filing.
You won’t be able to continue with the filing process unless the problem has been rectified; an attorney-client relationship will help. Hiring a law firm with an attorney advising to look into the matter may be your best option.
Hire Herman Legal Group Today!
Do you have an I-751 petition that is pending on concurrently pending forms that have not been attended to? You don’t need to get swayed by any of the attorneys advertising out there claiming they can help with your I-751 petition. What you need is an experienced immigration attorney, and that is what Herman Legal Group offers. We can help you handle everything that has to do with being a citizen in the United States; all you need is to contact us and schedule a consultation with any of our attorneys today. You can schedule a consultation via +1-216-696-6170. Alternatively, you can schedule a consultation with Richard Herman by booking online.
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