I-751 AND N-400 PENDING CONCURRENTLY
Considering the extended processing time for I-751 petitions to remove condition, it is often the case that while I-751 is still processing, an applicant become eligible for naturalization and file an N-400.
Below are some clarifications from USCIS in connection with Forms I-751 and N-400, Application for naturalization pending at the same time.
- USCIS attempts to adjudicate I-751 and N-400 petitions at the same time. If the USCIS office conducts same-day naturalization oath ceremony, for the petitioners with the approved I-751 and N-400 it is still possible to undergo same-day oath ceremony.
- If the petitioner relocates while the I-751 and N-400 are pending it should not affect the eligibility for an interview waiver, but the petitioner needs to file AR-11 Change of address.
- An I-751 is not automatically ineligible for an interview waiver if the petitioner has an N-400 pending. Please refer to USCIS guidance: https://www.uscis.gov/sites/default/files/document/memos/2018-11-30-PM-602-0168-revised-interview-waiver-guidance-for-form-I-751.pdf.
- If the I-751 is denied, the N-400 will be denied based on the I-751 denial.
- If an N-400 is denied because the I-751 was denied, but the I-751 is later reopened USCIS may consider reopening the N-400, however, it is not guaranteed.
- If USCIS needs additional evidence on a Form I-751, it will issue a Request for Evidence. In general, a conditional permanent resident should wait to receive the RFE before submitting additional evidence.
- If the conditional permanent resident needs to change the basis of filing on the Form I-751, the conditional permanent resident can mail that request along with any supporting evidence and a copy of the Form I-751 receipt notice to the office that is currently processing that individual’s Form I-751.
Our experienced immigration attorneys will be glad to guide you through the process and help you with your questions.
