Applying for U.S. citizenship while your conditional resident I-751 is pending
- Mundo Legal
- Apr 2
- 3 min read
Applying for Citizenship with a Pending I-751
The journey to U.S. citizenship comes with complications for some applicants, and for holders of conditional green cards, the question of "Can I apply for citizenship while my I-751 is pending?" often emerges. The answer, like many things in law, is "it depends." Let's explore some points on navigating it successfully.
First, let’s define our terms:
Conditional Green Card and I-751: If you obtained your green card through marriage to a U.S. citizen and you were married less than 2 years at the time of filing, it's likely that you received a conditional green card, valid for only two years.
[To remove the conditions and obtain a permanent resident green card, you need to file Form I-751 within 90 days prior to the two-year expiration. Dates are very important in these cases, consult an attorney to verify your deadlines.]
U.S. Citizenship and N-400: After fulfilling the residency requirement, you can apply for naturalization using Form N-400. In cases involving I-751, when the couples are still together in marriage, then you may be eligible for citizenship in 3 years.
Due to long delays in USCIS processing the I-751 removal of conditions, in many cases the I-751 is still not approved by the time the 3-year mark to apply for citizenship comes up.
So, can you file your N-400 with a pending I-751?
Short answer is, yes you can. The question that is more complicated is whether in your particular case, you should do it. USCIS allows submitting the N-400 even if your I-751 is still under review. However, there are crucial points to consider:
Approval Chain: USCIS won't grant your N-400 until your I-751 is approved. Think of it as a two-step process: green card first, then citizenship.
Processing Times: Both forms have significant processing times (currently over a year each, but interview wait times do vary locally).
Interview Logistics: If your N-400 interview falls while the I-751 is pending, expect them to be combined. Be prepared to address both your marriage bona fides and naturalization requirements.
Some attorneys report that filing the N-400 may help “speed up” the officers reviewing the I-751 because they know they have to adjudicate that one before the N-400. In some places, N-400 interviews do come well before the 1-year mark, but this is anecdotal information and not an actual policy.
Should you file your N-400 with a pending I-751?
There's no one-size-fits-all answer, and you have to discuss the strength of your case with an attorney. Here are some factors to consider:
Timing: If your I-751 adjudication time is nearing, you might consider waiting on the N-400.
Urgency: If obtaining citizenship quickly is crucial (e.g., voting in upcoming elections or other personal issues), filing concurrently might be more important for you.
Confidence: Are you (and your attorney) confident about the strength of your I-751 case? Doubts or complexities in the good faith marriage evidence might warrant focusing on that first.
An immigration attorney can assess your specific situation, advise on the optimal strategy, and guide you through the process. Weigh the pros and cons, and seek professional guidance for a smooth and successful journey towards becoming a U.S. citizen.
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