Filing N-400 while I-751 is still pending

M

mast

Registered Users (C)
I will be completing 3 years as a permanant resident in next month and I my I-751(Petition to Remove Conditions on Residence) is still pending , I contacted my local INS office in Detroit and they said that I cant apply for Citizenship unless I have the CR (conditional resident) status. This contradicts what I heard from People on 1-800* number on National Service Center of BCIS. They said that having a CR status removed is not the condition for applying for citizenship , that means I can apply even if my I-751 is still pending!!!,

I want to know if anyone in similar conditions have applied for citizenship and what were their experiences.

Regards
Kan
 
Search forums on immigration.about.com. There is a large thread about this topic where 2 or 3 people in the same situation shared their experiences. Alhtough I didn't follow thoroughly their discussion it seems that you can still submit your N-400.
Check it out yourself and Good Luck!
 
Conditional Residents (I-751 Pending) Can Directly Apply for Naturalization

I will be completing 3 years as a permanant resident in next month and I my I-751(Petition to Remove Conditions on Residence) is still pending , I contacted my local INS office in Detroit and they said that I cant apply for Citizenship unless I have the CR (conditional resident) status. This contradicts what I heard from People on 1-800* number on National Service Center of BCIS. They said that having a CR status removed is not the condition for applying for citizenship , that means I can apply even if my I-751 is still pending!!!,

I want to know if anyone in similar conditions have applied for citizenship and what were their experiences.

Regards

Kan
Click to expand...
Kan,

You were eligible to apply for your Citizenship (N-400) two months ago! So, gather your papers and put in your N-400 application ASAP!! As soon as you reached within 90 days of your third anniversary of the day, you were granted your Conditional Permanent Resident status, you are eligible to file your Citizenship (N-400) application, even if your I-751 is still pending. Of course they can't grant you Citizenship until your I-751 is cleared and approved, but you can definitely apply for your Citizenship while the I-751 is still pending, and even take your Citizenship interview, if they schedule you for it. Here is Attorney Sheela Murthy's clarification on it:

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

BCIS officers are not always aware of all aspects of immigration law and policies. And don't expect them to be either. If they were, they would probably make more money as immigration lawyers. ;) A lot of times, they consult with their supervisors for that very reason. And only some at the supervisor and director levels have law degrees, and can give more accurate information. So the officer you spoke to at the local BCIS office in Detroit definitely misinformed you. That's why sometimes you'll have to do some research on your own.

I applied for my Citizenship (N-400) when my I-751 was still pending, and was misinformed just like you, by the BCIS officer who was taking my I-751 interview, in November 2002. He even told me he'll nullify (cancel) my Citizenship application since I applied for it while my I-751 was still pending. I insisted that legally, I was eligible to apply, and that I read about it in Attorney Sheela Murthy's site. I applied for Citizenship (N-400) as soon as I reached within 90 days of the third anniversary of the day, I was granted my Conditional Permanent Resident status, and my I-751 was still pending at that time.

Nothing was nullified. My I-751 was approved in March 2003. I got my Citizenship interview notice as expected. I took the Citizenship interview and got approved. My Oath Ceremony is tomorrow (Thursday, August 21, 2003) morning, at Faneuil Hall in Boston.

I'll post my detailed Oath Ceremony experience. You can see my Naturalization timeline, and detailed Naturalization interview experience here:

http://boards.immigrationportal.com/showthread.php?s=&threadid=92757

So, go ahead, apply for your Citizenship (N-400) ASAP! And Good Luck!!

:) :) :)
 
Hi,
Since yr I-751 was approved in March 2003. What was the date you applied the I-751 application. I had applied in March 2002 and still struggling.

Thanks
sanjay
 
Hi,
Since yr I-751 was approved in March 2003. What was the date you applied the I-751 application. I had applied in March 2002 and still struggling.

Thanks
sanjay
Click to expand...
Sanjay,

As you may already know, you're eligible to apply for your I-751 within 90 days prior to your second anniversary of the date, you were granted your Conditional Permanent Resident status.

I was granted Conditional Permanent Resident status in January, 2000. My second anniversary was in January, 2002. So, my 90 day period started in October, 2001.

I applied for I-751 in October, 2001. Received interview notice in July 2002. Interview was held in November, 2002. Conditions were removed (I-751 approved) in March, 2003.

My I-751 was filed at the BCIS Vermont Service Center, and the interview and approval was done by the BCIS Boston District Office.

Remember, interview is not always required in I-751. Whether to take an interview or not, is at the discretion of BCIS, and is done on a case by case basis. There are cases where I-751 was approved and conditions removed, in three months after the application was received by BCIS, and no interview was required.

The processing time for I-751 approvals, like everything else in BCIS, varies by region. In the Chicago area for example, there are people waiting for over 2 years for their I-751 approvals, and still no decisions. Calling their Senators and Congressmen came of no use, so some of them filed class action lawsuits to force BCIS to process their cases.

Unlike N-400 (Citizenship) applications, I-751 applications have low priority, and therefore are not processed as fast as some other BCIS applications. Although, if you're eligible to apply for Citizenship and apply for it, and the I-751 approval is holding up your Citizenship application, then BCIS will be obligated to process it faster, since Citizenship applications have higher priority.

Good luck!
 
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