Apply for Citizenship while condition is being removed?

[betep 0]

Since the wait is SO LONG to remove the conditional status on his green card, can we apply for citizenship at exactly 2 years and 9 months? Or do we have to wait until he gets the condition removed and gets a new green card before applying?

Thanks!

[YuAndDan 153]

You will find the answers to your questions here: http://www.uscis.gov/graphics/services/natz/insfnl.pdf

There is a table in this document that indicates either 3 or 5 years after becoming a permanent resident 3 if married to a US citizen and 5 if not.

[Jenn! 918]

You will find the answers to your questions here: http://www.uscis.gov/graphics/services/natz/insfnl.pdf

There is a table in this document that indicates either 3 or 5 years after becoming a permanent resident 3 if married to a US citizen and 5 if not.

I think the OP's question was not the length of time he/she must wait to apply for citizenship, but rather, whether she must have completed the removal of conditions process before doing so.

This document would suggest that one is eligible for citizenship after 3 years (2 years 9 months to apply), regardless of whether conditions have been successfully removed. I hope that someone with more knowledge on this will come in to clarify.

[bislig2alabama 1]

Read page 18 from Form-476, A Guide to Naturalization, at the USCIS website under naturalization and there it clearly states that the three or five year timeline is from the date you became a permanent resident.

Turn to page 7 and there it shows how to fing that date on your PGC.

If you want the USCIS will mail you the Guide or you can download one from their site.

Hope that this answers your question or guides you in the correct direction.

We are waiting for that three year period, only 35 months more!!!!

Good luck.

Since the wait is SO LONG to remove the conditional status on his green card, can we apply for citizenship at exactly 2 years and 9 months? Or do we have to wait until he gets the condition removed and gets a new green card before applying?

Thanks!

[diadromous mermaid 36]

Since the wait is SO LONG to remove the conditional status on his green card, can we apply for citizenship at exactly 2 years and 9 months? Or do we have to wait until he gets the condition removed and gets a new green card before applying?

Thanks!

No. You don't have to await approval of the I-751. When you become eligible for naturalisation and submit the N-400, if the I-751 has not yet been adjudicated by the time of your naturalisation interview, the AO will adjudicate the I-751 first and then the N-400 afterwards. In other words, both will be decided at the same time. Often, applying for Naturalisation forces adjudication on some of the I-751's that have become "stuck" so to speak.

[betep 0]

Since the wait is SO LONG to remove the conditional status on his green card, can we apply for citizenship at exactly 2 years and 9 months? Or do we have to wait until he gets the condition removed and gets a new green card before applying?

Thanks!

No. You don't have to await approval of the I-751. When you become eligible for naturalisation and submit the N-400, if the I-751 has not yet been adjudicated by the time of your naturalisation interview, the AO will adjudicate the I-751 first and then the N-400 afterwards. In other words, both will be decided at the same time. Often, applying for Naturalisation forces adjudication on some of the I-751's that have become "stuck" so to speak.

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

[meauxna 15]

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

I don't know about that, but there are a thousand and one personal experiences on the topic posted here: http://britishexpats.com/forum/forumdispla...prune=&f=35

It used to be a VERY common occurance.

[Yodrak 7]

betep,

Yes, read the reference that YuAndDan gave you the link to. It discusses all of the requirements. Note that having conditions on Permanent Residence removed is not among them.

Yodrak

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

jenn,

That's correct. What is there to clarify?

Yodrak

You will find the answers to your questions here: http://www.uscis.gov/graphics/services/natz/insfnl.pdf

There is a table in this document that indicates either 3 or 5 years after becoming a permanent resident 3 if married to a US citizen and 5 if not.

....

This document would suggest that one is eligible for citizenship after 3 years (2 years 9 months to apply), regardless of whether conditions have been successfully removed. I hope that someone with more knowledge on this will come in to clarify.

[betep 0]

betep,

Yes, read the reference that YuAndDan gave you the link to. It discusses all of the requirements. Note that having conditions on Permanent Residence removed is not among them.

Yodrak

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

jenn,

That's correct. What is there to clarify?

Yodrak

You will find the answers to your questions here: http://www.uscis.gov/graphics/services/natz/insfnl.pdf

There is a table in this document that indicates either 3 or 5 years after becoming a permanent resident 3 if married to a US citizen and 5 if not.

....

This document would suggest that one is eligible for citizenship after 3 years (2 years 9 months to apply), regardless of whether conditions have been successfully removed. I hope that someone with more knowledge on this will come in to clarify.

Thanks, I appreciate all the feedback received.

The documentation that YuAndDan sent does not explicitly state that removal conditions is a requirement or not. And my concern is if having two applications in progress at the same time (US application and removal of conditions) would cause a conflict and possible rejection of one or the other. So, I (and maybe Jenn too) sought clarification, because I did not think it was safe to make any assumptions.

It seems that although there is no formal documentation on this subject, it is reassuring to know that others have actually gotten through this situation and had no problems.

[diadromous mermaid 36]

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

I don't know about that, but there are a thousand and one personal experiences on the topic posted here: http://britishexpats.com/forum/forumdispla...prune=&f=35

It used to be a VERY common occurance.

http://www.murthy.com/news/UDconres.html

[meauxna 15]

betep,

Yes, read the reference that YuAndDan gave you the link to. It discusses all of the requirements. Note that having conditions on Permanent Residence removed is not among them.

Yodrak

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?

jenn,

That's correct. What is there to clarify?

Yodrak

You will find the answers to your questions here: http://www.uscis.gov/graphics/services/natz/insfnl.pdf

There is a table in this document that indicates either 3 or 5 years after becoming a permanent resident 3 if married to a US citizen and 5 if not.

....

This document would suggest that one is eligible for citizenship after 3 years (2 years 9 months to apply), regardless of whether conditions have been successfully removed. I hope that someone with more knowledge on this will come in to clarify.

Thanks, I appreciate all the feedback received.

The documentation that YuAndDan sent does not explicitly state that removal conditions is a requirement or not. And my concern is if having two applications in progress at the same time (US application and removal of conditions) would cause a conflict and possible rejection of one or the other. So, I (and maybe Jenn too) sought clarification, because I did not think it was safe to make any assumptions.

It seems that although there is no formal documentation on this subject, it is reassuring to know that others have actually gotten through this situation and had no problems.

Search this group circa 2002-2003 and it was the defacto practice to file N-400 to 'force' adjudication of the I-751.

http://britishexpats.com/forum/forumdisplay.php?f=35

[singerfair 0]

coming in late, but...

I filed an N-400 last year while I had a pending I-90 (to renew my green card.) There were no problems with having the 2 outstanding applications, and I got my US citizenship four months after I filed.

[Jacquie@BTUSA 0]

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship. It should not

take very long to have the condition removed if the case is filed properly

fully documented. The cases that take the longest are those where the

applicant failed to provide substantial documentation and merely submitted

the I-751 form with insufficient documentation. These cases can drag on for

years. Whereas well documented cases can take a few months to be determined.

Once the condition is removed by all means apply for citizenship.

[Aussielad 37]

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship. It should not

take very long to have the condition removed if the case is filed properly

fully documented. The cases that take the longest are those where the

applicant failed to provide substantial documentation and merely submitted

the I-751 form with insufficient documentation. These cases can drag on for

years. Whereas well documented cases can take a few months to be determined.

Once the condition is removed by all means apply for citizenship.

For further information you can contact the law offices of Chris Ingram at

wwww.breakthroughusa.com.

I hope this aint another Matt Udall....last thing we need on here

[warlord 73]

Response:

You have to wait until the condition is removed before applying for

citizenship because what if USCIS ultimately deemed that the marriage was

bogus, how could they justify giving that person citizenship.

I was under the impression you can still apply even if the I-751 wasn't approved yet regardless. It basically just an application, it doesn't mean they'll look at it until the I-751 is complete though. If means you can be added into the N-400 Queue earlier and then if it comes up and your I-751 isn't complete yet, you just hold that spot until it does go through and then boom, then they can start your N-400.

So basically all it means is you can get your N-400 lined up to be looked at while your I-751 is being processed, that is all it means I think. This would save time rather then waiting for the I-751 and then applying after it finally gets approved and then being in the back of the N-400 list. If the I-751 fails, they just pull your N-400 application...