If you're a Green Card holder seeking U.S. citizenship, you might be wondering whether you can apply for naturalization while your Form I-751, Petition to Remove Conditions on Residence, is still pending. The answer is yes, you can apply for naturalization using Form N-400 even if your Form I-751 is not yet resolved.
Here's a breakdown of how this works and what you need to know:
Understanding Form I-751: Form I-751 is used by conditional residents (typically those who obtained their Green Card through marriage) to request the removal of conditions on their residence. The purpose is to verify that the marriage was bona fide and not solely for immigration benefits. During this process, your residency status remains valid, but you are essentially in a long transitional state until your conditions are removed.
Applying for Naturalization with Pending I-751 As a Green Card holder, you're eligible to apply for naturalization through Form N-400 after meeting certain requirements, including having been a permanent resident for at least five years (or three years if married to a U.S. citizen). Crucially, you do not need to wait for Form I-751 to be adjudicated to submit your N-400 application.
However, there are a few important things to consider…
- Residency Requirements: Ensure you meet the residency requirements for naturalization. Even though your I-751 is pending, you should have maintained continuous residence and physical presence as required by the N-400 form.
- Conditional Status: USCIS will be aware of your pending I-751 when processing your N-400 application. They will evaluate your naturalization application based on your status and the fact that you are still a Green Card holder.
- Adjudication of N-400: If USCIS approves your naturalization application before your I-751 is decided, your naturalization will not be impacted by the pending I-751. However, if there are issues with the I-751, it may affect your ability to take the Oath of Allegiance and finalize the naturalization process.
In summary, applying for naturalization while your Form I-751 is pending is perfectly permissible and often a strategic move. Just ensure that all your documents are accurate and up-to-date to facilitate a smooth process. Do you want to learn more about this naturalization or removal of conditions, call our office at (915) 314-2363 today to schedule a consultation!
