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MY I-751 IS PENDING, CAN I STILL APPLY FOR US CITIZENSHIP?

Updated: Apr 7, 2023


Adapting to the huge delay in adjudication of removal of condition (I-751) cases

You may know that the Form I-751 is the Petition to Remove Conditions on Residence used when a conditional resident (who received a 2-year green card instead of the 10-year green card) wants to remove that condition. Unfortunately, the current processing time is over 25 months to have your I-751 adjudicated, before you people applying can obtain their 10-year green card. Luckily, if you filed this form and it is in pending status, you may be able to start your citizenship application process, if you applied through your existing marriage to a U.S. citizen.


If you are a conditional permanent resident and have not yet received your 10-year Green Card, you may apply to naturalize as a citizen if you meet certain eligibility requirements. To proceed with your application you must file the N-400 form to obtain citizenship.


We must clarify that USCIS will not approve it until it has first approved your I-751. However, applying for naturalization in these circumstances can possibly help speed up the overall process.


How can you file the N-400 form with an I-751 in pending status?

First, you must always speak with an immigration attorney about your particular case. In order to proceed with your application properly, it is indicated to inform the USCIS in a letter attached to the N-400 form, explaining that you have an I-751 in pending status. Similarly, you must attach evidence that you have been living in a marital union with your US spouse for the last 3 years.


If you and your spouse filed the Form I-751 jointly because you are still together, you should anticipate your spouse to attend a Naturalization interview with you in front of USCIS. During the interview they will be questioned to verify and ensure that they meet the approval requirements of the I-751 application. There may be times when USCIS will not process both applications at the same time.


The Naturalization application will continue once the decision is made on your pending I-751.

This may be a complicated process, and it is recommended to consult the help of an immigration lawyer who can help provide all the factors that may apply to your case.


At Mundo Legal, we keep up to date with the latest changes. Reach out any time if you are interested in this topic or any other immigration matter.


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