N400 file while waiting for i751

[ldybg29 0]

 

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. [6] 

 

 

 

DOes this mean I can file for N400 while waiting for the result of i751? also if i get a stamp in my passport will that be sufficient to renew my driver license? Am i still allowed to work with an expired extension of conditional status?

[geowrian 22,338]

Yes. You can submit an N-400 before ROC approval if you meet the requirements to file for naturalization. They will adjudicate both at the same time.

 

Drivers licenses are a state issue, but any valid proof of being an LPR should suffice. An I-551 stamp in your passport is fine.

Yes, you can continue to work unless your LPR status is formally revoked. If you haven't done so yet, you should obtain an unrestricted Social Security card (one without any text across it). Then you can just use use that + a valid state ID / driver's license as proof of eligibility to work in case they ask for it (or you apply for  anew job and need to do a new I-9). Otherwise, the I-551 stamp is fine.

[Pinkrlion 2,724]

You need to ask the process at your local office.  It varies, Mine was adjudicated the same day, but each interview was seperate.  I know some who interviewed for their N-400, and still had to wait another three months for I-751 interview before they were placed in line for oath ceremony.

[ldybg29 0]

6 minutes ago, geowrian said:

Yes. You can submit an N-400 before ROC approval if you meet the requirements to file for naturalization. They will adjudicate both at the same time.

 

Drivers licenses are a state issue, but any valid proof of being an LPR should suffice. An I-551 stamp in your passport is fine.

Yes, you can continue to work unless your LPR status is formally revoked. If you haven't done so yet, you should obtain an unrestricted Social Security card (one without any text across it). Then you can just use use that + a valid state ID / driver's license as proof of eligibility to work in case they ask for it (or you apply for  anew job and need to do a new I-9). Otherwise, the I-551 stamp is fine.

Might sound dumb but what do you mean by LPR? My conditional green card was issued  2014. That makes it more than 3 years of residency here in the US. Thats whats required right? DO i really have to get the stamp or I can just show employers regarding my pending application? i filed at CSC and most recently got a notification march of this year that my case was transferred to a local office.

[payxibka 10,047]

18 minutes ago, ldybg29 said:

Might sound dumb but what do you mean by LPR? My conditional green card was issued  2014. That makes it more than 3 years of residency here in the US. Thats whats required right? DO i really have to get the stamp or I can just show employers regarding my pending application? i filed at CSC and most recently got a notification march of this year that my case was transferred to a local office.

LPR = Legal Permanent Resident

[ldybg29 0]

1 hour ago, Pinkrlion said:

You need to ask the process at your local office.  It varies, Mine was adjudicated the same day, but each interview was seperate.  I know some who interviewed for their N-400, and still had to wait another three months for I-751 interview before they were placed in line for oath ceremony.

If i dont get my passport stamped, does it make my stay in the US illegal??

[geowrian 22,338]

4 hours ago, ldybg29 said:

Might sound dumb but what do you mean by LPR? My conditional green card was issued  2014. That makes it more than 3 years of residency here in the US. Thats whats required right? DO i really have to get the stamp or I can just show employers regarding my pending application? i filed at CSC and most recently got a notification march of this year that my case was transferred to a local office.

LPR: (see above). Basically, a green card holder.

There are numerous requirements for naturalization (Good Moral Character, criminal history, physical presence requirement, continuous residence requirement, local district residence requirement, etc.). For naturalization under the 3 year rule, one must also have been in marital union with a USC for the 3 years prior to filing. I suggest looking at the entire requirements, instructions, etc.

 

Without the stamp and without a valid green card (the extension letter extends the validity of the green card), you are still an LPR but do not have any proof of it. If your employer or potential employer requests evidence of your authorization to work, you should either present a valid green card, valid I-551 stamp, or an unrestricted SS card and valid state ID or driver's license. There's a whole list of valid forms to show work authorization listed with the I-9.

A pending I-751 or N-400 application does not show work authorization.

 

2 hours ago, ldybg29 said:

If i dont get my passport stamped, does it make my stay in the US illegal??

Yes and no.

In practical purposes, no. Your status is not tied to a green card. The green card is just proof of your status. An expired green card just means you lack proof of your current status. They can't deport you just because you did not renew your card.*

*This is different if somebody is a conditional permanent resident and they do not file for ROC. But once they successfully file for ROC and are awaiting adjudication, an expired card is still not a reason for removal.

 

Technically, yes in a minor way - all LPRs are required to have in possession proof of their status at all time. I think it's like a $100 fine or something for failing to do so. It's also basically never enforced AFAIK...many LPRs choose not to carry around their physical green card at all times (in case of theft, loss, damage, etc...that card is expensive to replace and it's a hassle).

[ldybg29 0]

11 minutes ago, geowrian said:

LPR: (see above). Basically, a green card holder.

There are numerous requirements for naturalization (Good Moral Character, criminal history, physical presence requirement, continuous residence requirement, local district residence requirement, etc.). For naturalization under the 3 year rule, one must also have been in marital union with a USC for the 3 years prior to filing. I suggest looking at the entire requirements, instructions, etc.

 

Without the stamp and without a valid green card (the extension letter extends the validity of the green card), you are still an LPR but do not have any proof of it. If your employer or potential employer requests evidence of your authorization to work, you should either present a valid green card, valid I-551 stamp, or an unrestricted SS card and valid state ID or driver's license. There's a whole list of valid forms to show work authorization listed with the I-9.

A pending I-751 or N-400 application does not show work authorization.

 

Yes and no.

In practical purposes, no. Your status is not tied to a green card. The green card is just proof of your status. An expired green card just means you lack proof of your current status. They can't deport you just because you did not renew your card.*

*This is different if somebody is a conditional permanent resident and they do not file for ROC. But once they successfully file for ROC and are awaiting adjudication, an expired card is still not a reason for removal.

 

Technically, yes in a minor way - all LPRs are required to have in possession proof of their status at all time. I think it's like a $100 fine or something for failing to do so. It's also basically never enforced AFAIK...many LPRs choose not to carry around their physical green card at all times (in case of theft, loss, damage, etc...that card is expensive to replace and it's a hassle).

Thank you for all the information! i appreciate it very much!