Can I Apply For Citizenship While My I-751 Is Pending?

Can I Apply For Citizenship While My I-751 Is Pending?

Am I Eligible to File the N-400 Before the I-751 Is Approved?

USCIS claims, as of this writing, that 80% of I-751, Petition to Remove Conditions on Residence cases are processed within 24 months (see USCIS processing times here: https://egov.uscis.gov/processing-times/). Many people wait even longer than that to get their I-751 approved. For spouses of U.S. citizens, who may be eligible to apply for naturalization after three years of permanent residence, that raises the question: Can I apply for naturalization while my I-751 is pending? The answer is yes!

What Happens When USCIS Combines the I-751 and Naturalization Interview?

A permanent resident is eligible to apply for naturalization if their I-751 is pending. Note that upon filing your I-751 petition, your I-797C receipt automatically extends your green card for 48 months while your I-751 is pending. However, the I-751 petition must be approved before the permanent resident is actually able to naturalize. (see USCIS Policy Manual Volume 12, Chapter 5 for detailed information from USCIS) This means that naturalization applicants with pending I-751s will often face adjudication of their I-751 during their naturalization interview with the same USCIS field officer. Being prepared to defend both your I-751 petition and take your naturalization exam could be the difference between being approved for naturalization and facing further RFEs.

At naturalization interviews, if there is a pending I-751, USCIS officers are instructed to review the I-751 first before moving on to the naturalization examination. I recommend bringing supplemental evidence of your continued relationship with your spouse to the interview. That could include joint lease agreements and bills, phone or text logs, photographs together, affidavits, and more. Having your documents organized prior to the interview will allow the officer to review them quickly and, hopefully, approve your I-751 petition so you can move on to the naturalization exam.

Attorney Chris Hammond is experienced representing naturalization applicants with pending I-751s. Our firm prepares clients for their naturalization interview as well as supplements their pending I-751 application to ensure the strongest possible chance of approval of both applications. If you have questions about the I-751 or naturalization process or have pending applications and want to ask Attorney Chris questions, schedule your free phone consultation today.