I-751 June 2016 Filers (Merged Threads)

[MaleAlpha 314]

13 minutes ago, INDIM said:

Hi all,

 

So i am back again after 2.4 years...

 

GC expiry date : 09/09/2016

I 751 received by USCIS (CSC) : 06/13/2016

i 797 NOA : 06/16/2016

 

Questions:

 

1. Just like everyone else (though some users has answered as well), what is one year extension means? till 06/16/2017 OR 09/09/2017??

2. I have already scheduled infopass appointment (06/02/2017), what are the documents required for this appointment?

 

Any answers will be much appreciated

 

 

This question has been answered over 100x on this forum alone.

Please go back a few pages and you will see the answer.

 

Thanks

[kmdr 0]

17 hours ago, Dianna. said:

Does the DMV recognize the stamp? I might need to get one since my licence will expire soon and VSC is majorly backlogged. 

I'm curious to know the answer to this too. We moved from CA to GA and when I changed my license they put the expiration as a year from the date on the receipt notice, which is next month. No matter how much I argued, they wouldn't recognize that it extended the GC expiration by a year.

 

Good ole DMV...

[Name O Boy 511]

1 hour ago, cazzers said:

This is correct. I applied for roc on may 20 th, 2016 and I became eligible for citizenship in march this year. I have still not received my roc approval yet but I have applied for n400 at the beginning of April. They accepted my application, I did my biometrics for n400 and 3 days ago my status changed to in line for scheduling interview for n400. Now there are 2 options, either I get the approval for roc pretty soon or I will have  both interview for roc and n400 at the same time. Honolulu office is pretty quick with their n400, so here's to hoping I become a citizen by sept or oct. 

This is interesting becasue your I-751 is pending, thanks for your detailed answer. Kindly keep us updated about your N-400 application because many of us with pending I-751 could apply for naturalization in less than a year. Good luck, hopefully you will be approved, Regards

Edited May 19, 2017 by Name O Boy

[sunshinesam 2]

21 hours ago, Erica & L said:

i everyone,

 

I went for an InfoPass appointment at 9:30am today at the Seattle office and just wanted to give an update.

 

1. My passport was stamped! 1-year extension. My NOA date is June 20th but my GC expiry date isn't until July 16th, so I went into it knowing they could tell me to come back closer to the 30 day mark - but I explained that my manager (for the job I started 2 months ago) was wanting to have that information on record ASAP, and that I'd like to travel to Canada soon without any worries in regards to timing, also that it was hard for me to get off work to make an InfoPass. He stamped it no problem.

2. I asked when I could apply for citizenship, he said as soon as my ROC is approved.

3. I asked if my case had been touched at all, he said no.

4. I asked about that fact that I filed at VSC, but now live in Washington. He said my case would still be processed at VSC, but then transferred over to the Seattle office if there is a request for an interview. He told me to follow up with the USCIS (via service request I think) to make sure my case was flagged due to my COA and relocation to the West Coast. Does that mean it would be approved sooner or approved less quick because it would start all over at a new office? He was kind of soft spoken and stern so I didn't ask a whole lot of questions.

 

Would love some feedback from anyone.

 

Awesome that you were able to get your passport stamped, Erica & L. I didn't realize that you moved from the South. Hopefully we start to see some movement with June.

 

 

[cazzers 83]

4 hours ago, Name O Boy said:

This is interesting becasue your I-751 is pending, thanks for your detailed answer. Kindly keep us updated about your N-400 application because many of us with pending I-751 could apply for naturalization in less than a year. Good luck, hopefully you will be approved, Regards

Well, I am willing to get my representative involved in the ROC process if I don't hear anything back in a month. I've called, I've emailed, went for an Infopass and nobody can tell me what is going with my file. At the infopass they told me it's at NBC...which left me kind of baffled since I sent it at CSC. Not to mention, most of the May fillers have been approved at CSC and nobody has touched my file. 

[Erica & L 50]

3 hours ago, sunshinesam said:

 

Awesome that you were able to get your passport stamped, Erica & L. I didn't realize that you moved from the South. Hopefully we start to see some movement with June.

 

 

Hi, thank you! Yes we moved March 20th, and very happy with this decision!

 

 

[Erica & L 50]

Also regarding the application for Citizenship, I am in no rush to file - there isn't a RUSH to file, right? You can file any time within the 10 years you have this new GC? Obviously I'd like to get the ball rolling but financially we have to get back on our feet again. 

Edited May 20, 2017 by Erica & L

[Zombie69 363]

15 hours ago, nightingalejules said:

We've covered this ground frequently. You can't be approved for citizenship until your ROC is approved. So when ROC was only taking (on average) 6 months or so, this wasn't an issue, and you wouldn't be able to send your N400 until after ROC. But now, both of those processes are taking MUCH longer. 

Now, it kind of makes sense to file N400 (and have it sitting in the storage room for however long) as soon as you can. They won't approve it (tbh they probably won't even get to it) until your ROC is done, but at least your application is in line. 

 

"Your application is in line". The purpose of filing 400 while 751 is pending seems to be an attempt to force USCIS to adjudicate one's case early. I am sorry to burst your bubble, but no one can force USCIS to expedite. I personally do not think it will make any difference except making applicants feel better. They won't do anything until your 751 is approved. It won't make it faster just because your n400 has been filed.

[PandaMaker 24]

6 hours ago, Zombie69 said:

"Your application is in line". The purpose of filing 400 while 751 is pending seems to be an attempt to force USCIS to adjudicate one's case early. I am sorry to burst your bubble, but no one can force USCIS to expedite. I personally do not think it will make any difference except making applicants feel better. They won't do anything until your 751 is approved. It won't make it faster just because your n400 has been filed.

 

Are you talking about forcing them to expedite the 751? If so, that's not my purpose for filing the N-400 while the 751 is pending. I'm just going to ride that out, and I don't have a problem with it taking longer than usual. We are in status while the 751 is pending, and we can just get stamps if we travel.

 

My purpose is to get the ball rolling on naturalization ASAP. That's it. I'm hoping the worst case scenario is that the adjudicator can still look at the file and simply not approve naturalization until the 751 is approved.

 

i may be wrong, but it certainly doesn't hurt. You are right that it will make me feel better haha

[Zombie69 363]

19 minutes ago, PandaMaker said:

 

Are you talking about forcing them to expedite the 751? If so, that's not my purpose for filing the N-400 while the 751 is pending. I'm just going to ride that out, and I don't have a problem with it taking longer than usual. We are in status while the 751 is pending, and we can just get stamps if we travel.

 

My purpose is to get the ball rolling on naturalization ASAP. That's it. I'm hoping the worst case scenario is that the adjudicator can still look at the file and simply not approve naturalization until the 751 is approved.

 

i may be wrong, but it certainly doesn't hurt. You are right that it will make me feel better haha

Yes, you can get the ball rolling, but USCIS won't get it rolling until they receive 751 approval which is one of the requirements of 400. It will probably just sit there until they get the 751 approval. USCIS told me there is no advantage to it is one files 400 while 751 is pending. 

[PandaMaker 24]

28 minutes ago, Zombie69 said:

Yes, you can get the ball rolling, but USCIS won't get it rolling until they receive 751 approval which is one of the requirements of 400. It will probably just sit there until they get the 751 approval. USCIS told me there is no advantage to it is one files 400 while 751 is pending. 

 

My local field office seems to be taking a longer time processing naturalization applications, so I'm banking on just the bolded statement below. This was copied from a 2009 USCIS memo that is now either partially or fully superseded by the current policy manual. Like I said, maybe I'm wrong, but I'm hoping what is written below is still the recommended practice. I don't see anything written otherwise in the current policy manual.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws and Regulations/Memoranda/cond_perm_resident_.pdf

 

“Generally, 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. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.“

Edited May 20, 2017 by PandaMaker
Formatting

[Zombie69 363]

21 minutes ago, PandaMaker said:

 

My local field office seems to be taking a longer time processing naturalization applications, so I'm banking on just the bolded statement below. This was copied from a 2009 USCIS memo that is now either partially or fully superseded by the current policy manual. Like I said, maybe I'm wrong, but I'm hoping what is written below is still the recommended practice. I don't see anything written otherwise in the current policy manual.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws and Regulations/Memoranda/cond_perm_resident_.pdf

 

“Generally, 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. In all cases where a final decision on Form I-751 has been reached, the adjudicator should update MFAS accordingly.“

Not really saying much, they still have to wait until 751 is approved. All it is saying is that you can file when the time allows, but they still won't approve 400 until 751 is approved. My lawyer told me the same thing, you can file when it is your turn because they can't stop you because it is your time, but they won"t adjudicate until you are 751 approved, so I personally think it is a waste of time.

[Name O Boy 511]

I found the updated policy on USCIS website, this is very helpful. 

 

2. Spouses with Pending Petitions and Naturalization Applications

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

Edited May 20, 2017 by Name O Boy

[CanAm17 3]

Hi June filers, I've been following the group discussions and actually put off checking my online status for a couple of weeks as was out of town. Well guess what was in the mail today ...yep, approval letter and card! Approval letter dated May 8. Green card posted letter says May 10. We filed June 6, 2016 (CSC). So they are getting through some files! Hang in there guys!  

[Teknodude 53]

3 hours ago, Name O Boy said:

I found the updated policy on USCIS website, this is very helpful. 

 

2. Spouses with Pending Petitions and Naturalization Applications

An application for naturalization may not be approved if there is a pending petition for removal of conditions. If an applicant’s petition to remove conditions is pending at the time of filing or is filed prior to the interview, USCIS will adjudicate the petition to remove conditions prior to or concurrently with the adjudication of the naturalization application. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

 

Thanks for that, and the footnote to this paragraph is worth quoting too. 

 

6. [^] 

 An officer should conduct the naturalization examination even if the petition to remove conditions is not in the CPR spouse’s A-file. The officer should follow internal procedures to request the petition. The officer must not approve the CPR spouse’s naturalization application until the officer has reviewed and approved the petition to remove conditions.

 

So basically what I understand this to mean is that if your N400 comes up before your I751, an officer must adjudicate the I751 first, then the N400. But basically it is done at the same time. I have read this in other forums too. 

So no reason not to file your N400 when you are able to do so. With I751's taking so long your N400 may come up first.

 

Unless someone else has a different interpretation, I'm open to other theories!