Can I Apply For Citizenship While I-751 Is Pending?
By: Dayna Lally, Esq.
Yes! According to the USCIS Policy Manual, the USCIS should adjudicate the petition to remove conditions (I-751) prior to or concurrently with the adjudication of the naturalization application. See USCIS Policy Manual, Volume 12, Part G, Chapter 5:
2. Spouses with Pending Petitions and Naturalization Applications
An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application. [6] (emphasis added).
Filing N-400 While I-751 Pending
A conditional permanent resident may file N-400 while the I-751 is pending, provided that all of the general eligibility requirements are met:
- You are at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces);
- You are a permanent resident of the United States for a required period of time;
- You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;
- You have demonstrated physical presence within the United States for a required period of time; You have demonstrated continuous residence for a required period of time;
- You demonstrate good moral character;
- You demonstrate an attachment to the principles and ideals of the U.S. Constitution;
- You demonstrate a basic knowledge of U.S. history and government (also known as “civics”) as well as an ability to read, write, speak and understand basic English; and
- You take an Oath of Allegiance to the United States.
Some applicants may be eligible for a modified oath.
I-751 and N-400 Combo Interview
If the USCIS has not made a decision on the I-751 before the N-400 interview is scheduled, the USCIS will require that the U.S. citizen spouse attend a combo I-751 and N-400 interview at the local field office.
The officer assigned to the file will adjudicate the I-751 petition before the N-400 interview.
I-751 and N-400 Combo Interview 2023
Today, Dayna Lally represented clients at a I-751 and N-400 combo interview at the Lawrence Field Office. The timeline was as follows:
- 10:45 – I-751 interview began with U.S. citizen;
- 10:58 – I-751 interview continued with CPR;
- 11:00 – N-400 interview began; and
- 11:02 – N-400 interview concluded with a recommendation for approval.
Immigration Lawyer to File N-400 While I-751 Pending
If you would like to file an N-400 while your I-751 petition is pending, contact naturalization lawyer, Dayna Lally, by email to [email protected]. Dayna has successfully helped clients file N-400 while I-751 pending – check out our client testimonials!
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
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Last Reviewed/Updated: 01/05/2023
