Can I file N 400 and skip I751

[iwannaplay54 985]

On 11/19/2021 at 9:50 PM, WhatAWait! said:

Just curious, My wife would have lived here for 3 years by January 10th 2022,  She has held her Green card for 2 years.  Based on the USCIS website, her residency duration in the US fulfils the requirement for being eligible to apply for naturalization- N 400. My question is can we directly file form N 400 and skip I751? The fee for both is incredibly high. Please guide me. 

Under the law your wife automatically loses her status if you fail to file I-751

 

Would you like to guess how expensive that is?

[Kai G. Llewellyn 838]

2 hours ago, iwannaplay54 said:

Under the law your wife automatically loses her status if you fail to file I-751

 

Would you like to guess how expensive that is?

This is incorrect. @mindthegap has explained at length how USCIS claiming that conditional LPR status terminates for failing to file or denied filing is not legally correct. USCIS cannot terminate status on their own, only an IJ can do that. USCIS can only issue a NTA to initiate removal proceedings but LPR status is maintained until if a IJ hands down a final order of removal. During removal proceedings and/or after I-751 failure to file/denial, the LPR is entitled to proof of their status for travel into/out of the US and is authorized to work throughout.

 

OP really should file I-751 without delay, a NTA will substantially complicate the matter.

[iwannaplay54 985]

26 minutes ago, Kai G. Llewellyn said:

This is incorrect. @mindthegap has explained at length how USCIS claiming that conditional LPR status terminates for failing to file or denied filing is not legally correct. USCIS cannot terminate status on their own, only an IJ can do that. USCIS can only issue a NTA to initiate removal proceedings but LPR status is maintained until if a IJ hands down a final order of removal. During removal proceedings and/or after I-751 failure to file/denial, the LPR is entitled to proof of their status for travel into/out of the US and is authorized to work throughout.

 

OP really should file I-751 without delay, a NTA will substantially complicate the matter.

OK 👍 

[Mike E 11,741]

21 hours ago, Kai G. Llewellyn said:

.

 

OP really should file I-751 without delay, a NTA will substantially complicate the matter.

Wanna guess how expensive that is?

[Kai G. Llewellyn 838]

1 hour ago, Mike E said:

Wanna guess how expensive that is?

Not sure if that was directed at me, but the I-751 filing fee is what it is as well as costs of obtaining relevant documentation if applicable.

 

Defending yourself in removal proceedings and using an attorney...yeah, that's probably expensive, no kidding about that. Moreover was making the point that LPR status is maintained until a final order of removal is handed down. A person is not without status by virtue of being in removal proceedings alone.

Edited November 23, 2021 by Kai G. Llewellyn

[Crazy Cat 41,985]

On 11/19/2021 at 9:50 PM, WhatAWait! said:

Just curious, My wife would have lived here for 3 years by January 10th 2022,  She has held her Green card for 2 years.  Based on the USCIS website, her residency duration in the US fulfils the requirement for being eligible to apply for naturalization- N 400. My question is can we directly file form N 400 and skip I751? The fee for both is incredibly high. Please guide me. 

How long she has "lived here" has no relevance to either filing for removal of conditions or filing for citizenship. The relevant requirements are the length of time she has been a green card holder and (in some cases) the length of time she has been married to a US citizen.  If she has a conditional green card, she MUST file an I-751.  She can file for citizenship whenever she is eligible, but her I-751 will have to approved prior to the adjudication of her N-400.  

[iwannaplay54 985]

On 11/22/2021 at 1:06 PM, Kai G. Llewellyn said:

This is incorrect. @mindthegap has explained at length how USCIS claiming that conditional LPR status terminates for failing to file or denied filing is not legally correct. USCIS cannot terminate status on their own, only an IJ can do that. USCIS can only issue a NTA to initiate removal proceedings but LPR status is maintained until if a IJ hands down a final order of removal. During removal proceedings and/or after I-751 failure to file/denial, the LPR is entitled to proof of their status for travel into/out of the US and is authorized to work throughout.

 

OP really should file I-751 without delay, a NTA will substantially complicate the matter.

Not after failure to apply for removal of conditions

Conditional residence has an expiration date

 

[Kai G. Llewellyn 838]

2 hours ago, iwannaplay54 said:

Not after failure to apply for removal of conditions

Conditional residence has an expiration date

 

No. Even if someone fails to apply to remove conditions they remain a LPR until an IJ issues a formal order of removal. USCIS cannot strip someone of LPR status nor does LPR status expire. LPRs with conditions have their proof of status expire after 2 years.

 

Conditional Permanent Residence isn't its own status. They are Lawful Permanent Residents with conditions attached to their status, that being is that they must file for I-751/I-829 when required to do so. Failure to do so will result in being placed into removal proceedings and possible eventual final order of removal.

 

An individual who has failed to file I-751/I-829 and is in removal proceedings is entitled to proof of their existing LPR status via temporary I-551 stamps. They may depart and re-enter the US using those stamps while in removal proceedings. Someone who is out of status would not be entitled to that and would not be able to re-enter.

Edited November 25, 2021 by Kai G. Llewellyn