Can I file for citizenship while my I-751 is pending?

Can I file for citizenship while my I-751 is pending?

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The I-751 form is the Petition to Remove Conditions on Residence that is used when a conditional permanent resident who obtained status through marriage wants to apply to remove the conditions on their permanent resident status. If you filed this form and it is still pending you may still be able to file for citizenship.

If you are a conditional permanent resident and have not yet received your 10-year Green Card, you may still be able to naturalize as a US citizen if you meet the eligibility requirements. The form you should file to obtain citizenship is N-400 and the USCIS (United States Citizenship and Immigration Services) will not approve it until they have first approved the I-751.

As a conditional resident, your time towards the continuous residence requirement for the purposes of naturalization starts as soon as you are granted the residency, which is usually three years after obtaining conditional permanent residency.

What is continuous residency?

Continuous residence means that the applicant has maintained a residence within the United States for a specified period of time. A permanent resident that is married to a US citizen is required to acquire three years in order to apply for naturalization. Additionally, you must have stayed married to the same US citizen for the last three years and your spouse must have been a US citizen for also the last three years by the time you file form N-400.

Your continuous residence started on the date that appears on your Green Card after the label “Resident Since”.

How to file form N-400 with a pending I-751?

Alongside your form N-400 you should inform USCIS with an attached letter about your situation where you explain that you have a pending I-751, also with evidence that you have been living in marital union with your US spouse for the previous three years and do not forget to include a copy of your receipt notice with the application. However, an immigration lawyer will be able to help you since immigration can be a complicated subject with many details to take into consideration.

Learn more about how you can benefit from hiring an immigration attorney in San Diego, California and contact Kannan Law if you need help with your immigration status. We’re ready to help!