Can I file my N400 while my I-751 is still pending?

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This is a very common question for people waiting 1 to 4 years for an I-751 to process.

In short, Yes, if the I-751 is pending and you meet the requirements for naturalization, you can file your N400 while the I-751 petition is still pending. Essentially, instead of receiving a 10-year Green Card, you would be changing your focus to just becoming a US Citizen, which is the ultimate goal for most Immigrants.

  

What are the eligibility requirements for an N400 Naturalization?

 

  • Be a green card holder for at least 3 years if your filing is based on marriage;
  • Be a green card holder for at least 3 years if you are filing based on VAWA;
  • Be a lawful permanent resident if your filing is not based on marriage to a US citizen;
  • Meet the physical presence requirement living in the U.S. for the majority of the time being a lawful permanent resident;
  • Live in the state where you intend to apply for your N400 for at least three months;
  • Cannot have criminal charges or convictions for the past 5 years prior to filing for naturalization, so that you show that you are a person of good moral character

 

If you meet the requirements for N400 Naturalization and your I-751 petition is still pending, you can file for naturalization, while your I-751 is still pending, the USCIS officer will adjudicate both petitions at the time of the interview.

 

The N-400 has become an Electronic Filing. It is generally best to file the N-400 electronically because it is more efficient, less likely to have anything get lost in transit, and sometimes can process quicker than a paper-based filing.

 

Most Common Scenario:

The Green Card Holder is still married to their US Citizen Spouse after 3 years of being a Green Card Holder. The I-751 was filed over a year ago, and both spouses are still waiting for the 10 years Green Card. The Green Card Holder has been studying the one-hundred and twenty eight (128) N-400 2020 version Civics Test Questions, and now wishes to become a US Citizen.

 

If you are interested in becoming a US Citizen (even while the I-751 is pending), click here to contact our office to speak with our attorney with regards to your immigration options!

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