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HR1981

I got my first GC 12/2019. Can I skip straight to N400?

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My 2 year GC had expired a few months when I had gotten in touch with our immigration lawfirm. They promised to follow up with us so they could process our next step--they didn't. Anyway at least $6k later, instead of inquiring first on what to do and to check my status with USCIS, they insisted on starting over and applying. USCIS wrote back saying due to Covid, they gave 48 months extension, so basically, I was good with my GC--therefore they closed the case and said reapplication was null. Didn't get my money back (of course) and my lawyer asked to appeal to reopen. Then when they made it clear it wasn't an option, lawyer opted to just apply for ROC. I have not left the US since 2018. I have a 12-year old son whose naturalization along with mine is the goal. We applied for ROC in the middle of last year. Still haven't gotten any word--it still says "normal processing time." 

I've been married to my husband since 06/2019 and we've been living together for almost 7 years now. My question is, can I skip (abandon) the pending ROC and just go straight to N400 application, considering I seem to satisfy all requirements for naturalization?

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There won't be any naturalization until your Removal of conditions is approved. You can most certainly apply for naturalization. There could be an instance where they interview you for first removal of conditions and at the same appointment for naturalization as well. 

You hopefully applied for your child's removal of conditions alongside yours.

ROC 2009
Naturalization 2010

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41 minutes ago, HR1981 said:

My question is, can I skip (abandon) the pending ROC and just go straight to N400 application, considering I seem to satisfy all requirements for naturalization?

No. You can apply for naturalization while ROC is processing and those two will run in parallel. Make sure you have all the documentatuon for these attempts at filing ROC since it seems like there were at least 3 filings (or attempts to file) because that can make your approval more difficult.

 

Most people have N400 and I751 adjudicated together at the citizenship interview or in short sequence around that time.

 

Please fill your timeline so you can get more accurate responses.

event.png

 

N-400 3 year marriage based (IOE)

Jan 22, 2024 - Submitted online 

Jan 22, 2024 - Biometrics waived

Mar 6, 2024 - Interview scheduled for Apr 11 COMBO I-751/N-400

Apr 11, 2024 - Combo interview - approved N-400

May 1, 2024 - Approved ROC, received 10 GC on May 20.

May 7, 2024 - Oath scheduled for June 14 (requested later ceremony at interview)

June 14, 2024 - Special Flag Day Oath ceremony - I'm a citizen!!!

 

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27 minutes ago, milimelo said:

There won't be any naturalization until your Removal of conditions is approved. You can most certainly apply for naturalization. There could be an instance where they interview you for first removal of conditions and at the same appointment for naturalization as well. 

You hopefully applied for your child's removal of conditions alongside yours.

It was my lawyer (Quiroga Law Firm) who applied for both of us simultaneously. We are in process right now waiting for approval of ROC. Not sure why I would not be approved of it to begin with, (they also said the same thing), but I wanted to ask anyway. Thank you all for being gracious, I don't know how to navigate this website and platform and the UX isn't the best or most intuitive to me...but I just need help since my lawyer and my husband aren't much help.

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