Can I File for Naturalization if My I-751 Petition to Remove Conditions is Still Pending?

The I-751 Petition to Remove Conditions is a necessary step in the immigration process for spouses of U.S. citizens and legal permanent residents who are seeking to remove the conditions on their residency and obtain a full 10 year green card. At the time of this writing, there is a significant backlog in the processing of these petitions. In fact, conditional residents are currently receiving receipt notices extending their status for 48 months, which is an indication of just how long it's taking USCIS to process these petitions. In this post, we'll explore whether you can apply for naturalization while your I-751 is pending and how applying can affect the decision on your I-751 petition.

NATURALIZATION ELIGIBILITY AND WHO CAN APPLY:

At the moment, the backlog in processing I-751 petitions is so significant that it has resulted in a scenario where many petitioners often become eligible for naturalization while they await a decision on their I-751. So, can you apply for naturalization while your I-751 petition is pending? The short answer is, it depends. Unfortunately, when it comes to naturalization eligibility, there is a major distinction between I-751 petitioners who are married to U.S. citizens versus those married to legal permanent residents.

A. Spouses of U.S. Citizens vs. Spouses of Legal Permanent Residents

As the spouse of a U.S. citizen, you are able to "skip the line" and apply for naturalization after holding legal permanent resident status for only 3 years. Whereas, for spouses of legal permanent residents, you must wait the standard period of 5 years. So, when it comes to the current backlog in processing I-751 petitions, only spouses of U.S. citizens can truly take advantage of the situation, as they will become eligible to naturalize far sooner than spouses of legal permanent residents.

Accordingly, despite the fact that the I-751 petition may still be pending, spouses of U.S. citizens who otherwise qualify can file for naturalization once they've held their permanent resident status for at least 2 years and 9 months (i.e., 90 days before the 3 year eligibility marker).

EXPEDITED I-751 DECISION VIA N-400 FILING

Fortunately, filing an N-400, Application for Naturalization holds the potential to expedite the decision on your pending I-751 petition. While it's certainly never a guarantee, USCIS will often prioritize I-751 cases when linked with an N-400 application. In terms of actually processing these two applications, typically, USCIS will either make a decision on the I-751 just prior to scheduling an interview for the N-400 application or the two applications will be addressed simultaneously at the N-400 naturalization interview. Regardless, the end goal is two-fold: (a) push USCIS to speed up their decision on the I-751 application and (b) obtain naturalization.

For those in the situation where both applications will be decided at the N-400 interview, it is strongly urged that conditional residents bring their U.S. citizen spouses to the interview as the officer reviewing the case will almost certainly want to ask your spouse questions in order to facilitate a decision on the I-751 petition.

CONCLUSION

It is essential to recognize that despite the backlog and pending status of the I-751, eligible individuals can still file for naturalization. Moreover, the filing of an N-400 application holds the potential to not only progress towards citizenship, but also expedite the resolution of the pending I-751 petition. Ultimately, don't miss the opportunity to get yourself one step closer to becoming a U.S. citizen so that you can enjoy all the rights, benefits and privileges that come with citizenship in the United States.

If you are interested in filing the I-751 petition or you have a pending case and wish to explore naturalization, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.