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What is the process if the green card expires while the I-751 adjudication is still pending, and the petitioner needs to travel overseas?.What happens to the concurrently-filed N-400 if the I-751 is denied?.Are electronically filed N-400 applications processed faster than those filed on paper?.Why is it taking USCIS so long to review applications?.Below is a sample of the questions received:
N400 PROCESSING TIME 2021 HOW TO
Participants expressed interest in understanding USCIS’ current processes when handling and adjudicating these concurrently pending forms (I-751 and N-400), knowing the processing times for both forms, obtaining guidance for attending in-person appointments (if spouses or attorneys can join interviews given the COVID-19 health emergency), clarifying when interview waivers apply, and obtaining information on how to proceed when one of the forms is outside of the normal processing times, but the other form is not. USCIS’ SMEs answered some of these questions during the engagement and committed to responding to others in writing after the webinar. The speakers also clarified that, if the jointly filed I-751 petition is pending at the time of the N-400 interview, an applicant should bring his or her petitioning spouse to the naturalization interview.Īlmost 450 stakeholders joined this webinar. For example, the speakers confirmed that I-751 receipt numbers with the prefix MSC are routed for interview scheduling receipt numbers that do not contain the MSC prefix (e.g., EAC, VSC, LIN, etc.) are routed to the appropriate service center for an interview waiver determination.
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Due to the lengthening of processing times for I-751 petitions, both a request to remove the conditional status and an application for naturalization may be pending at the same time, which creates operational and adjudication issues at USCIS.ĭuring this session, the speakers explained the circumstances under which Forms N-400 and I-751 may be pending concurrently, clarified USCIS’ current processes when handling and adjudicating these concurrently pending forms, and allowed stakeholders to share their experiences with this process. All the other requirements for naturalization must be met on the day of filing the application. Lawful permanent residents who are eligible to naturalize under this provision of law may file their N-400 applications up to 90 calendar days before they complete their 3-year permanent residence requirement. Also, pursuant to Section 319(a) of the Immigration and Nationality Act, the spouse of a citizen may naturalize after residing in the United States for 3 years after becoming a lawful permanent resident, rather than 5 years as generally required. Absent good cause and extenuating circumstances, the I-751 petition must be submitted to USCIS during the 90-day period prior to the 2-year conditional residence expiration.Īll the rights and privileges that apply to lawful permanent residents, however, apply to conditional residents, including the right to apply for naturalization. In general, a conditional permanent resident must jointly file an I-751 petition with his or her petitioning spouse. A conditional permanent resident receives a Form I-551, Permanent Resident Card, valid for 2 years. In the family-based immigrant context, permanent resident status is conditional when it is based on a marriage that was less than 2 years old on the date the individual was granted permanent residence status (either through admission to the United States on an immigrant visa or adjustment of status to permanent residence).
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Citizenship and Immigration Services (USCIS) also joined this session. On October 7, 2020, the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) hosted a public webinar to discuss USCIS’ Processing of Concurrently Pending Forms N-400 (Application for Naturalization) and Forms I-751 (Petition to Remove Conditions on Residence).