naturalization

[lethimrace 5]

hi everyone, i am applying for my lifitng of condition in january of 2010. my question is when can i apply for naturalization? i know this have been asked several times. also can i apply while my lifting of condition is pending? thank you in advance

[Dakine 26]

hi everyone, i am applying for my lifitng of condition in january of 2010. my question is when can i apply for naturalization? i know this have been asked several times. also can i apply while my lifting of condition is pending? thank you in advance

You can apply 1 year after your date to remove conditions.

Or 90 days before the 3 year anniversary of your 2 year GC.

[Kathryn41 3,205]

Yes, you can apply 90 days prior to the third anniversary of receiving your green card as long as you have also been married 3 years at the time you apply.

Most ROC applications are approved fairly quickly now but until last Spring there were people who had waited a year or more for a decision and still had not received one so they were able to apply for Citizenship even though their Removal of Conditions hadn't been approved. If your decision to Remove Conditions is delayed and you have reached the 90 day window prior to your third anniversary as a Permanent Resident you are allowed to apply for Citizenship even if you don't have a decision on Removing Conditions. Applying for Citizenship will actually 'force' a decision on the ROC.

Hopefully, you won't have to worry about that and will receive a quick approval. Then you just need to wait until the 90 day window of time prior to your third anniversary as a Permanent Resident to apply for Naturalization.

Good luck.

[Dakine 26]

Yes, you can apply 90 days prior to the third anniversary of receiving your green card as long as you have also been married 3 years at the time you apply.

Most ROC applications are approved fairly quickly now but until last Spring there were people who had waited a year or more for a decision and still had not received one so they were able to apply for Citizenship even though their Removal of Conditions hadn't been approved. If your decision to Remove Conditions is delayed and you have reached the 90 day window prior to your third anniversary as a Permanent Resident you are allowed to apply for Citizenship even if you don't have a decision on Removing Conditions. Applying for Citizenship will actually 'force' a decision on the ROC.

Hopefully, you won't have to worry about that and will receive a quick approval. Then you just need to wait until the 90 day window of time prior to your third anniversary as a Permanent Resident to apply for Naturalization.

Good luck.

"Applying for Citizenship will actually 'force' a decision on the ROC."

Do you have any links or proof of what you are stating or is it "hearsay"?

Edited November 29, 2009 by Dakine

[Kathryn41 3,205]

Yes, you can apply 90 days prior to the third anniversary of receiving your green card as long as you have also been married 3 years at the time you apply.

Most ROC applications are approved fairly quickly now but until last Spring there were people who had waited a year or more for a decision and still had not received one so they were able to apply for Citizenship even though their Removal of Conditions hadn't been approved. If your decision to Remove Conditions is delayed and you have reached the 90 day window prior to your third anniversary as a Permanent Resident you are allowed to apply for Citizenship even if you don't have a decision on Removing Conditions. Applying for Citizenship will actually 'force' a decision on the ROC.

Hopefully, you won't have to worry about that and will receive a quick approval. Then you just need to wait until the 90 day window of time prior to your third anniversary as a Permanent Resident to apply for Naturalization.

Good luck.

"Applying for Citizenship will actually 'force' a decision on the ROC."

Do you have any links or proof of what you are stating or is it "hearsay"?

There is proof. I will try to find the link and post it here for you.

[Kathryn41 3,205]

As promised

From the Field Adjudicator's Manual: Section j) 2 (k)

(k) Naturalization Issues Relating to Conditional Residence . [Chapter 25.1 updated 08-04-2009]

Generally, before approving a naturalization application filed by a conditional permanent resident, the adjudicator should ensure that the applicant has met all of the applicable requirements of section 216 of the Act as evidenced by an approved Form I-751 .

http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

and from Memorandum from USCIS dated August 4, 2009 (Conditional Permanent Residents and Naturalization under Section 319(B) of the Act (AD09-28) HQ 70/6.1.8; HQ 70/34.1 pp4-5)

http://www.uscis.gov/USCIS/Laws%20and%20Re...m_resident_.pdf

(2) Form I-751 and Form N-400 Issues.

(A) Concurrent Adjudication of Pending Form I-751 and Form N-400

.

Because of differences in the adjudication processing times for Form I-751 and Form N-400 and because conditional permanent residents are eligible to apply for naturalization (if otherwise eligible) pursuant to 8 CFR 216.1, there may be instances when a conditional permanent resident admitted pursuant to section 216 will apply for naturalization while their Form I-751 is pending.

Unless otherwise provided by the Act, the adjudicator should ensure that the Form I-751 filed by the conditional permanent resident applying for naturalization is adjudicated in accordance with section 216 prior to, or concurrently with, the adjudication of Form N-400. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.

Note: There are special circumstances to consider in cases involving conditional permanent residents who have both a pending Form I-751 and Form N-400 filed under section 329 of the Act. See guidance provided in the introductory paragraphs of subchapter 25.1(k) of this manual.

(i) Form N-400 with Pending Form I-751 at Different USCIS Office.

IGenerally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

However, while the adjudication of a conditional permanent resident’s naturalization application should not be delayed solely because of USCIS processing delays of Form I-751, a pending Form N-400 should not be approved under any circumstances prior to the adjudication of a pending Form I-751, unless otherwise provided by the Act.

[DrKunzle09 0]

I think it will be in your own interest to wait until you I-751 is approved. If you file N-400 and a decision is not made yet on your I-751, your N-400 will be denied.

All the best.

[antda 13]

Hi Imaskin,

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years

-Been married to the same USC for 3 years

-Your spouse/you must have been a USC for at least 3 years (which if born in the USA, since their birth)

-Been residing physically in the USA for 3 years

In your case:

The earliest you can file for US Citizenship is 3 years minus 90 days from the "residence since" date on your 2yr/10yr green card of 03/10/08 (as mentioned on your vj timeline that this is the date): Friday, December 10, 2010, or anytime after that.....

According to this time/date calculator: http://www.timeanddate.com/date/dateadded....p;ad=90&aw=

For example, in my situation:

I have been a permanent resident since November 2006.....

I was married in April 2006...

My spouse/husband has been a USC since birth

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009 (though I applied in September 2009, as there was a delay in my son's birth certificate), 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

By the way, if your I-751 is still pending, and you have met all the requirements for the N-400, then by all means, file for the N-400/Citizenship, as you are allowed to do such, and this will 'force' a decision to be made on your I-751 case so that you can move onto the N-400.

Hope this helps. Good luck on the rest of your immigration and citizenship journey too.

Ant

hi everyone, i am applying for my lifitng of condition in january of 2010. my question is when can i apply for naturalization? i know this have been asked several times. also can i apply while my lifting of condition is pending? thank you in advance

[lethimrace 5]

thank you very much Ant, Dr, Daki and Kath for the information i needed.

[NickD 203]

thank you very much Ant, Dr, Daki and Kath for the information i needed.

When they told us to send in a copy of our green card, had no choice but to send in a copy of the expired conditional and a copy of the valid one year extension notice. We had no problems with that. Technically, my wife was a legal LPR when we sent in her application but were able to show her ten year card at her interview. USCIS dragged out the I-751 to the last second.

[lucyrich 20]

I think it will be in your own interest to wait until you I-751 is approved. If you file N-400 and a decision is not made yet on your I-751, your N-400 will be denied.

All the best.

That is simply not true. Kathryn41 already posted the relevant cites to the AFM and USCIS memo which indicate the real policy. Furthermore, INA 216(e) explicitly says that conditional permanent residence must be treated exactly the same as unconditional permanent residence for the purposes of naturalization, so there would be no legal basis for such a denial.

[v333k 59]

As promised

From the Field Adjudicator's Manual: Section j) 2 (k)

(k) Naturalization Issues Relating to Conditional Residence . [Chapter 25.1 updated 08-04-2009]

Generally, before approving a naturalization application filed by a conditional permanent resident, the adjudicator should ensure that the applicant has met all of the applicable requirements of section 216 of the Act as evidenced by an approved Form I-751 .

http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

and from Memorandum from USCIS dated August 4, 2009 (Conditional Permanent Residents and Naturalization under Section 319(B) of the Act (AD09-28) HQ 70/6.1.8; HQ 70/34.1 pp4-5)

http://www.uscis.gov/USCIS/Laws%20and%20Re...m_resident_.pdf

(2) Form I-751 and Form N-400 Issues.

(A) Concurrent Adjudication of Pending Form I-751 and Form N-400

.

Because of differences in the adjudication processing times for Form I-751 and Form N-400 and because conditional permanent residents are eligible to apply for naturalization (if otherwise eligible) pursuant to 8 CFR 216.1, there may be instances when a conditional permanent resident admitted pursuant to section 216 will apply for naturalization while their Form I-751 is pending.

Unless otherwise provided by the Act, the adjudicator should ensure that the Form I-751 filed by the conditional permanent resident applying for naturalization is adjudicated in accordance with section 216 prior to, or concurrently with, the adjudication of Form N-400. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.

Note: There are special circumstances to consider in cases involving conditional permanent residents who have both a pending Form I-751 and Form N-400 filed under section 329 of the Act. See guidance provided in the introductory paragraphs of subchapter 25.1(k) of this manual.

(i) Form N-400 with Pending Form I-751 at Different USCIS Office.

IGenerally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

However, while the adjudication of a conditional permanent resident’s naturalization application should not be delayed solely because of USCIS processing delays of Form I-751, a pending Form N-400 should not be approved under any circumstances prior to the adjudication of a pending Form I-751, unless otherwise provided by the Act.

Thanks for posting this... very helpful information.

[Kathryn41 3,205]

I think it will be in your own interest to wait until you I-751 is approved. If you file N-400 and a decision is not made yet on your I-751, your N-400 will be denied.

All the best.

This is not true. The filing of the N-400 will require a decision to be made on the I-751 before the N-400 can be approved. The N-400 will not be denied because the I-751 hasn't been approved - it will force a decision on the I-751. The N-400 will wait until the I-751 is approved and then be processed. Please read the links and information I posted above your post.

As promised

From the Field Adjudicator's Manual: Section j) 2 (k)

(k) Naturalization Issues Relating to Conditional Residence . [Chapter 25.1 updated 08-04-2009]

Generally, before approving a naturalization application filed by a conditional permanent resident, the adjudicator should ensure that the applicant has met all of the applicable requirements of section 216 of the Act as evidenced by an approved Form I-751 .

http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

and from Memorandum from USCIS dated August 4, 2009 (Conditional Permanent Residents and Naturalization under Section 319( B) of the Act (AD09-28) HQ 70/6.1.8; HQ 70/34.1 pp4-5)

http://www.uscis.gov/USCIS/Laws%20and%20Re...m_resident_.pdf

(2) Form I-751 and Form N-400 Issues.

(A) Concurrent Adjudication of Pending Form I-751 and Form N-400

.

Because of differences in the adjudication processing times for Form I-751 and Form N-400 and because conditional permanent residents are eligible to apply for naturalization (if otherwise eligible) pursuant to 8 CFR 216.1, there may be instances when a conditional permanent resident admitted pursuant to section 216 will apply for naturalization while their Form I-751 is pending.

Unless otherwise provided by the Act, the adjudicator should ensure that the Form I-751 filed by the conditional permanent resident applying for naturalization is adjudicated in accordance with section 216 prior to, or concurrently with, the adjudication of Form N-400. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.

Note: There are special circumstances to consider in cases involving conditional permanent residents who have both a pending Form I-751 and Form N-400 filed under section 329 of the Act. See guidance provided in the introductory paragraphs of subchapter 25.1(k) of this manual.

(i) Form N-400 with Pending Form I-751 at Different USCIS Office.

IGenerally, a Form N-400 should not be continued to await the final adjudication of a Form I-751 that is pending at a different USCIS office. The adjudicator should conduct the Form N-400 examination as scheduled and should request the pending Form I-751 from the other USCIS office. Once the adjudicator receives the Form I-751, the adjudicator may adjudicate to completion both the Form N-400 and Form I-751 in accordance with all applicable provisions.

However, while the adjudication of a conditional permanent resident's naturalization application should not be delayed solely because of USCIS processing delays of Form I-751, a pending Form N-400 should not be approved under any circumstances prior to the adjudication of a pending Form I-751, unless otherwise provided by the Act.

Thanks for posting this... very helpful information.

You're welcome . Good luck.