The process of getting a green card to gain permanent residency for non-citizens, especially through marriage to a U. S citizen may not be very easy. If you get a green card after less than two years of marriage, you will only get conditional residency valid for two years and to become a permanent resident you need to apply for Form I-751 which is the Petition to Remove Conditions on Residence but the long processing time of form I-751 causes some problems for many conditional residents who are eligible for naturalization three years of residency. In this guide, I will explain why it is not necessary to wait for the approval and how to file USCIS Form N-400 also known as the “Application for Naturalization ”.
Understanding Conditional Residence and Form I-751
To move from conditional to permanent residency, you must file Form I-751 with USCIS within 90 days before your conditional green card expires.
In the past, the I-751 process was quicker, especially for couples who remained married and filed together but now, USCIS often exceeds a year, creating challenges.
The Concern with Lengthy USCIS Processing Times
The main issue is the potential conflict with the eligibility requirements for naturalization. After three years of U.S. residency, green card holders living with their U.S. citizen spouses can apply for naturalization. However, you need a permanent U.S. green card to become a U.S. citizen.
Despite the extended processing period, conditional residents should not worry about deportation. During this period, they maintain lawful status and retain their work and travel authorization. USCIS issues a receipt notice confirming this status, typically valid for 18 months, extended to 24 months during the pandemic due to processing delays.
If you need proof of your ongoing work or travel authorization while your I-751 is pending, you can obtain an I-551 or ADIT stamp from USCIS. This stamp is placed on your passport. The USCIS Contact Center can assist with this, or you can request an in-person appointment through the online “My Appointment” portal.
Confirming Eligibility for Naturalized U.S. Citizenship
Conditional residents considering naturalization must confirm their eligibility beyond the three-year residency requirement. Additional requirements include demonstrating “good moral character” for the preceding three years, the ability to read, speak, and write English, passing a U.S. civics and history test, and being willing to pledge allegiance to the United States.
If you have encountered legal issues, such as arrests or convictions, consult an immigration attorney before pursuing naturalization. Various crimes can lead to removal from the U.S., even for legal residents. The list of disqualifying crimes for naturalized citizenship is extensive.
Completing Form N-400 and Submitting with I-751 Receipt
Along with the N-400 form, include your I-751 receipt and a cover letter stating your intention to naturalize under “I.N.A. Section 319(a).” This section of the Immigration and Nationality Act allows individuals living with a U.S. citizen spouse for three years to apply for naturalization.
The cover letter should also request that USCIS adjudicate both the I-751 and N-400 concurrently during the naturalization interview. You need to provide evidence that you have lived with your U.S. citizen spouse for the past three years, such as copies of your home lease or mortgage, utility bills, bank statements, family photos, and other relevant records.
Potential Challenges
There is a possibility that USCIS may not transfer your I-751 to the office handling your N-400 application. If this happens, you cannot proceed with your naturalization interview until your I-751 application is transferred because you must have the conditions removed from your residency to meet the naturalization eligibility criteria.
For conditional residents awaiting I-751 approval, there is an option to pursue naturalization without waiting for the conditions on their green card to be lifted. By filing Form N-400 along with their I-751 receipt, conditional residents may expedite the naturalization process. However, it’s crucial to meet all eligibility requirements and consult an immigration attorney, especially if you have legal issues. Your path to becoming a U.S. citizen may not require the extended wait for I-751 approval, allowing you to start your naturalization journey sooner.
