filing for citizenship

[jons_wifey 22]

Can you file for citizenship without hearing any response from I-751 (removal of conditions)?

Tell me why you can and tell me why you cannot?

[v333k 59]

Yes - if you meet the 3 year rule minus 90 days, then you are eligible to apply and you still have not been approved for your I-751, they will adjudicate your removal of conditions and approve you for it.

[Bill and Vicky 25]

Can you file for citizenship without hearing any response from I-751 (removal of conditions)?

Tell me why you can and tell me why you cannot?

http://www.uscis.gov/files/article/M-476.pdf

Your Green Card has to be valid for at least six months before you can apply for Naturalization (page 13). If you've filed I-751, that suggests that you may have a conditional Green Card that's about to expire. You have to renew the Green Card before applying for Naturalization if you're within six months of the expiration date. I see nothing else in M-476 that discusses the removal of conditions.

Now, the argument that will be made is that you can't be in a conditional status and apply for Naturalization. USCIS is easily confused if you have more than one application going at a time. The officer reviewing the naturalization application may refuse it until the I-751 processing is complete, but that doesn't have to be due to a regulation...it can be just the officer's gut reaction that one item should be done before the next one starts.

My guess will be that you can file, but that the application will be delayed until the I-751 processing is complete. They could also reject the application (and keep your fee!), but I can't see a written reason why.

Care,

Bill

[bigdog 376]

Here is link, http://www.uscis.gov...ticle/M-476.pdf

[jons_wifey 22]

Yes - if you meet the 3 year rule minus 90 days, then you are eligible to apply and you still have not been approved for your I-751, they will adjudicate your removal of conditions and approve you for it.

that is what i read also in the forums!!

http://www.uscis.gov/files/article/M-476.pdf

Your Green Card has to be valid for at least six months before you can apply for Naturalization (page 13). If you've filed I-751, that suggests that you may have a conditional Green Card that's about to expire. You have to renew the Green Card before applying for Naturalization if you're within six months of the expiration date. I see nothing else in M-476 that discusses the removal of conditions.

Now, the argument that will be made is that you can't be in a conditional status and apply for Naturalization. USCIS is easily confused if you have more than one application going at a time. The officer reviewing the naturalization application may refuse it until the I-751 processing is complete, but that doesn't have to be due to a regulation...it can be just the officer's gut reaction that one item should be done before the next one starts.

My guess will be that you can file, but that the application will be delayed until the I-751 processing is complete. They could also reject the application (and keep your fee!), but I can't see a written reason why.

Care,

Bill

filing the N400 will force the pending I-751 application to complete and close

[v333k 59]

If you ask this question in the I-751 Removing of conditions forum, you will get much more responds....

that is what i read also in the forums!!

[jons_wifey 22]

If you ask this question in the I-751 Removing of conditions forum, you will get much more responds....

actually, all of the mods on britishexpats forums have said what you just said. The pending I-751 will be approved and I can still go ahead and apply for N400. they advised me I "DO NOT HAVE TO WAIT FOR THE APPROVAL OF CONDITIONS TO BE APROVED!!!"

[LLbeans 2]

I was also wondering about the same thing since I am a Feb VSC filer for I751, and haven't heard anything from VSC yet.

[NickD 202]

For our application on the N-400, we had to send in a copy of my wifes' expired conditional green card and that one year extension. Her application was accepted. Her one year extension notice was about to also expire, so we made an infopass appointment to get an I-551 stamp in her valid foreign passport. Another option is to bring in two passport photos to get an I-94.

Its your responsibility to keep yourself legal, another good reason, was her employer was about to let her go as her employer could be fined by our state, $16,300.00 for employing a person without a current valid LPR card.

But two days before we had to make that long drive, again, her ten year card finally came in, so we could cancel that infopass appointment. This was two weeks before her N-400 interview. There, she could bring in her nice shiny brand new ten year green card. But if not, would have brought in her foreign passport with that I-551 stamp in it.

All those calls to the ombudsman and that I-800 number was a complete waste of time, on the processing dates, the Nebraska Service Center, greatly increased their processing dates, they all went by that. I finally called our senators office to learn our application was transferred to California service center, and was misplaced. But they found it in a damn big hurry. Probably the only reason she could bring in her ten year card to her interview.

Wife didn't want to surrender her green card at the oath ceremony for all the trouble we had to go through to get it. See the USCIS is still dragging their feet on the I-751. She also was required to have a car and be able to drive it for her job. State DMV refused to renew her drivers' license with an expired green card, that was another battle. She is not as verbal as I am, but wanted to talk to her, said wait a minute, this is my wife and my family you are breaking apart, what about family values you guys are always talking about? They let me handle it for her.