Yes, conditional permanent residents may file for citizenship while their Form I-751, Petition to Remove Conditions, is pending with the USCIS, provided they meet all other requirements for naturalization at the time of filing Form N-400.[i]
If an applicant’s petition to remove conditions is pending at the time the applicant files for citizenship or is filed prior to the naturalization interview, USCIS will adjudicate the Form I-751, Petition to Remove Conditions, prior to or concurrently with the adjudication of the naturalization application.[ii]
A USCIS officer cannot approve a naturalization application filed by a conditional permanent resident until the officer has reviewed and approved the Form I-751, Petition to Remove Conditions.[iii]
Note: USCIS filing and biometric service fees are final and non-refundable, regardless of any action taken on an application, petition, or request.[iv] In the event that the USCIS denies an applicant’s Form I-751, it will not refund the $640 filing fee for Form N-400 and/or the $85 biometric service fee.
If you have questions about your eligibility to file for citizenship, contact Lally Immigration Services, LLC at (617) 870-1000 or via the contact form below.
[i] INA § 216(e), 8 USC § 1186a(e).
[ii] https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5#footnote-1
[iii] Id.
[iv] https://www.uscis.gov/fees
