Should I apply for US Citizenship now?

[tennisal 0]

I'm not sure what I should do in my current situation, and hope tha some of you can give me some clarification. I am currently waiting for my removal of conditions for permanent residency to be approved. I t was denied in error back in September, so I sent in the I-290B Form, and proper filing fee, along with the proper documentation. I am now waiting for the to be approved at the CSC, but in the meantime, I have heard that I can apply for citizenship, since we have been married for 4 years now.

I have heard conflicting reports, that I absoloutly should file the citizenship application, but my immigration lawyer has advised me to wait till the removal of conditions has been approved, as it might cause some sort of conflict...

I really have no good idea right now what to do, so any of your advice or feedback would be appreciated.

Thanks

Tennisal

[Anh map 2,098]

The relevant date is when you became an LPR (first issued a green card), not when you married.

Given that you state there is an unresolved I-751 denial on your record I would follow the advice of an qualified immigration attorney.

[antda 13]

Hi Tennisal,

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 (use the "residence since" date on your green card, to determine this)

-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

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.

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

Ant

I'm not sure what I should do in my current situation, and hope tha some of you can give me some clarification. I am currently waiting for my removal of conditions for permanent residency to be approved. I t was denied in error back in September, so I sent in the I-290B Form, and proper filing fee, along with the proper documentation. I am now waiting for the to be approved at the CSC, but in the meantime, I have heard that I can apply for citizenship, since we have been married for 4 years now.

I have heard conflicting reports, that I absoloutly should file the citizenship application, but my immigration lawyer has advised me to wait till the removal of conditions has been approved, as it might cause some sort of conflict...

I really have no good idea right now what to do, so any of your advice or feedback would be appreciated.

Thanks

Tennisal

Edited December 27, 2009 by Ant+D+BabyA

[Lansbury 19]

I think Anh map is right in these circumstances. You are employing an immigration lawyer follow their advice it is what you are paying them for and they know all your circumstances, posters on here do not.

[antda 13]

P.S. If I were you, I would also make an infopass with the USCIS to further inquire about your case. If that doesn't work, my suggestion is to take your case up to your local senator/congressman/ombudsman to get your case further investigated and eventually approved. Political influence does help here..lol....

As well, if you are able to file for the N-400/US Citizenship, when you meet ALL those requirements mentioned above, by all means, go for it, despite your I-751 still pending. This will "force" your I-751 to be approved so that your N-400 can be approved too.

Don't give up! There is hope.....

Hope this helps too . Good luck with the rest of your journey too.

Ant

Edited December 27, 2009 by Ant+D+BabyA

[Lansbury 19]

As well, if you are able to file for the N-400/US Citizenship, when you meet ALL those requirements mentioned above, by all means, go for it, despite your I-751 still pending. This will "force" your I-751 to be approved so that your N-400 can be approved too.

and you know all their personal circumstances as well as the lawyer they are employing and who is advising them, as the lawyer seems to disagree with you?

[tennisal 0]

Thanks for your responses so far, I really appreciate the advice. I'm thinking about going to apply for the citizenship, as I have heard Ant's response from a few others as well. Thanks guys.

Does anyone know how long it can take for an I-290B to be reviewed/approved? I've gotten my local Congressman's office involved recently as well, so hopefully they can make some progress for me...

[antda 13]

and you know all their personal circumstances as well as the lawyer they are employing and who is advising them, as the lawyer seems to disagree with you?

I am not a lawyer, nor do I know totally of the OPs situation. But the OP asked a question here on vj, and wanted opinions from anyone, regardless, so I posted my opinion....That's all....

And yes, the OP has every right to seek a lawyer. Just make sure that they find one that is competent and have their best interests at hand....

Heck, I even used a lawyer for my AOS case...Worked out for the best there.....

The point I was trying to say was that, despite the OP's I-751 still pending, and in the meantime, the OP has met ALL of the conditions to file for the N-400, they can still file for citizenship, regardless....

Look it up here on VJ...Others have done it before....And it's all perfectly legal to do..

Lol..Don't wait for the USCIS to approve the I-751...When you have met all the conditions for the N-400...Go for it!

Again, this is no subsitutue for legal advice...But...Hope this helps too...

Ant

[antda 13]

Thanks for your responses so far, I really appreciate the advice. I'm thinking about going to apply for the citizenship, as I have heard Ant's response from a few others as well. Thanks guys.

Does anyone know how long it can take for an I-290B to be reviewed/approved? I've gotten my local Congressman's office involved recently as well, so hopefully they can make some progress for me...

You're welcome...Glad that it helps....

Wish I could find the exact link for the rules about that being the case...

Kathryn41 posted about that some time ago on a post here on vj, taken directly from a quote from the USCIS field manual..

I hope your I-290B gets approved soon too! I don't know how long that would take...

But maybe you can find some answers about that on the waiver forum on vj...

And yes, getting your local congressman involved certainly does help!

Lol..For example, I got my local congressman involved twice for my I-751 case.....If it wasn't because of them, I would still be waiting!

Good luck...Hope you get your I-751 and eventually your N-400 approved...

Ant

Edited December 27, 2009 by Ant+D+BabyA

[thongd4me 69]

I'm not sure what I should do in my current situation, and hope tha some of you can give me some clarification. I am currently waiting for my removal of conditions for permanent residency to be approved. I t was denied in error back in September, so I sent in the I-290B Form, and proper filing fee, along with the proper documentation. I am now waiting for the to be approved at the CSC, but in the meantime, I have heard that I can apply for citizenship, since we have been married for 4 years now.

I have heard conflicting reports, that I absoloutly should file the citizenship application, but my immigration lawyer has advised me to wait till the removal of conditions has been approved, as it might cause some sort of conflict...

I really have no good idea right now what to do, so any of your advice or feedback would be appreciated.

Thanks

Tennisal

I don't know if this was covered in another response, but (as Cliff Robertson said in Spider Man) with great power (US Citizenship) comes great responsibility (the IRS).

That means if you & your spouse retire to Canada or a 3rd country, you will be obliged to pay full US federal taxes on your benefits, even if you are not living in the US.

{I'm assuming you want to work in the US until you retire, but if you should go somewhere else to work you will STILL be obliged to pay US taxes whatever country you go to.}

[antda 13]

Lol...Taxes aside, there are also other great advantages of being a US Citizen too...

(which I'm sure you'll figure out on your own and/or can ask more about on vj...)

Though one advantage about US Citizenship, that I have to mention: No more dealing with the USCIS ever again!

Might as well get it over with as soon as possible, and live the rest of your life, USCIS-free! (and forget about waivers, lawyers, etc, and things like that)

By the way, did you know that Canadians can have dual Canadian/US Citizenship too?

That means that if you ever become a US Citizen, you can still be a Canadian Citizen too...(though that comes with responsibilities as well)

But yeah, you can live and travel between these two countries for as long as you want, with no worries about deportation or anything like that!

Oh what fun it is to travel with two passports....lol.....

Whatever you decide citizenship-wise, good luck with your journey too..

Ant

Edited December 27, 2009 by Ant+D+BabyA

[NickD 203]

I am a bit lost with the OP's position, true, we applied for removal of conditions which is the same thing as getting your ten year green card. But my wife never was denied, just took forever for the USCIS to process her I-751 application. But she was a LPR resident when we applied, with an expired conditional green card, but a valid one year extension. We ran very close to that one year extension and already made an appointment for the I-551 stamp in her passport, but then her card came in, so we canceled that appointment. You cannot become a USC unless you are a LPR and with an expired green card, and the one year extension expired for that complete three year period, you need either that I-551 stamp or an approved I-94 where you bring in two passport quality photos of yourself.

The purpose of the I-290 is, "To notify USCIS that you are filing a motion to reopen or reconsider a USCIS decision or appealing an adverse decision regarding your case." And was apparently applied for because for whatever reason, the I-751 was simply not waiting to be processed, but because it for whatever reason, was denied.

A I-751 can be denied for many reasons, precessing check bounced, sent in a day to early, failure to provide RFE, an error on the part of the USCIS, or the worse case, they found fraud in your application. The reasons are of no concern to us, but apparently your LPR status is being questioned or has been terminated. If the latter is the case, you are just wasting your time and money by applying for USC. Feel at this point, you should be more concerned about maintaining your LPR status than anything. And perhaps this is why your attorney advised against applying for USC at this time.

[tennisal 0]

I had to file the I-290B because my case had been denied due to "Abandonment". I never abandoned the case, to the contrary I have followed every step exactly as I should have. In may I received an RFE which I sent back with the necessary information, within the time frame alloted. In September, I filed a formal inquiry, because I was outside of normal processing times, and received a notification shortly afterwards stating that the CSC never received the additional information that was requested in the RFE. I had the USPS receipt and confirmation that the package was received, so I had no choice but to file the I-290B as my case was denied through no fault of my own. This seems to be a common problem with the USCIS, so I hope that this is just an administrative issue that can be resolved now.... It has been extremely frustrating for myself.... I had been LPR, I have had the one year extension, and am still waiting... It is getting ridiculous!!!

[antda 13]

I had to file the I-290B because my case had been denied due to "Abandonment". I never abandoned the case, to the contrary I have followed every step exactly as I should have. In may I received an RFE which I sent back with the necessary information, within the time frame alloted. In September, I filed a formal inquiry, because I was outside of normal processing times, and received a notification shortly afterwards stating that the CSC never received the additional information that was requested in the RFE. I had the USPS receipt and confirmation that the package was received, so I had no choice but to file the I-290B as my case was denied through no fault of my own. This seems to be a common problem with the USCIS, so I hope that this is just an administrative issue that can be resolved now.... It has been extremely frustrating for myself.... I had been LPR, I have had the one year extension, and am still waiting... It is getting ridiculous!!!

Tennisal-Wow, I can't believe that stuff like this still happens! Go figure, its the USCIS we're talking about here...Absolutely, ridiculous, indeed! You did all that you can here, by responding to the RFE, and they still had the nerve to deny your case! And on top of that, you had the evidence saying that you responded to such accordingly. Hmm...If I were you, this is what I would do: Go to your local senator/congressman/ombudsman. Get them to make a formal inquiry about your case. Also, keep all the copies of correspondences that you have with the USCIS and others (waiver applications, reciepts, inquiries, RFE notices, USPS receipts, extension letters, I-551 stamps, etc.), and present this to them too. Forget about the lawyer in this case, as you would be wasting your time and money here. Political people work for free, and can get things done more effectively and quicker than a lawyer here.

Lol..That worked for me, as after I got my congressman involved, my I-751 case was approved, after 10 months of waiting (which was very unreasonable at the time, since the average was 4-6 months wait). I too, was concerned that I would get an RFE at the time and/or they had lost my file, while I was waiting and heard nothing from them while this was happening. But luckily, that wasn't the case, but yeah, it does make one worry about things like this, when one does not know what happens to their case after it is sent off to the USCIS.

As well, you can get an I-551 stamp (I got one of those too) in your Canadian passport, that extends your immigration status, while your I-751 case is pending. Just make an infopass appointment at your local office, and they will give you one of those (note though: they might take your expired 2yr green card away, but the I-551 stamp in your passport works like a green card while you are still waiting for your 10yr green card).

And yes, by all means, when you have met ALL the conditions for the N-400, go ahead and file for such, as again, this will "force" your I-751 to be approved so that your N-400 can be approved too. In your case, if you do file for the N-400, make sure you include your evidence as to why you did not receive your (waiver applications, reciepts, inquiries, RFE notices, USPS receipts, extension letters, I-551 stamps etc.) 10yr green card in time and why you did not enclose such in your N-400 application (which it is required for such). Lol..let the USCIS know about the I-751 delay in your case, and that it was no fault of yours either!

Again, this is no fault of your own. And yes, I can understand your frustration here. Hope you get your case resolved and get your I-751 approved soon.

Hope this helps too. Good luck on your journey.

Ant

Edited December 28, 2009 by Ant+D+BabyA

[antda 13]

P.S. By the way, if you don't mind me asking, what exactly was your RFE for? Or was it one of those "generic" RFEs? As well, what did you send in for your I-751 case, evidence-wise? What did you send in for additional evidence, in response to your RFE?

As well, have you inquired further with the USCIS in terms of your waiver status?

Make an infopass appointment to further inquire about this too....And also explain further about your situation (and bring along the evidence too)

Are they going to still proceed with such a waiver still?

Makes no sense that you would have to file a waiver here...No fault of your own here.....Oh well....

Ant

Edited December 28, 2009 by Ant+D+BabyA