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Can I Apply for US Citizenship While My Form I-751 Is Pending?

Understanding Form I-751:

Form I-751 serves the purpose of removing the conditions on a marriage-based green card. It is filed jointly by the conditional Permanent Resident and their spouse within the 90-day period preceding the expiration of the conditional status.

Eligibility for US Citizenship:

While Form I-751 is pending, it is important to note that it does not grant you the ability to apply for U.S. citizenship. To be eligible for citizenship, you generally need to be a lawful Permanent Resident (GreenCard holder) for a specific period, meet residency requirements, demonstrate good moral character, and pass the citizenship test.

Impact of Pending Form I-751 on Citizenship Application:

The general practice is that you should wait until your Form I-751 is adjudicated before applying for US citizenship. However, there are exceptions to this rule, and you may be eligible to file for naturalization while your Form I-751 is still pending. USCIS allows applicants to file for citizenship early under certain circumstances.

According to USCIS guidelines, you may be eligible to file for naturalization while your Form I-751 is pending if:

  1. You have been a permanent resident for at least three years at the time of filing the naturalization application.
  2. You remain married to the same US citizen spouse who petitioned for you.
  3. You continue to reside in a bona fide marital relationship with your US citizen spouse.

Dual Tracking:

Applying for citizenship while your Form I-751 is pending means that both applications will be processed simultaneously, allowing you to potentially save time if both are approved. However, if your Form I-751 is denied while your citizenship application is pending, it may impact your eligibility for naturalization.

Seeking Legal Assistance:

Given the complexity of the immigration process and Form I-751, Consulta Immigration provides you with a personalized questionnaire to determine if you are eligible to apply for your US citizenship. During a free consultation, we provide personalized advice based on your specific circumstances and help you begin to navigate the path to citizenship while addressing any pending immigration matters.

While it is generally possible to apply for U.S. citizenship while your Form I-751 is pending, it is crucial to thoroughly assess your circumstances and consult with an immigration professional. Let our team guide you through the process, ensuring that all necessary requirements are met and increasing your chances of a successful outcome. Remember, each case is unique, so personalized advice is key to making informed decisions on your immigration journey.

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