Can I Apply for U.S. Citizenship with a Pending I-751?
If you’re a conditional permanent resident in Colorado and your I-751 petition is still pending, you may be wondering whether you can move forward with filing for naturalization. The good news? In many cases, the answer is yes. Below, we break down the requirements, timelines, and what to expect if you’re applying for U.S. citizenship with a pending I-751.
Don’t wait for the process to become more complicated. Call Anzen Legal Group at 970-893-8857 to speak with an immigration attorney who can help you take the right steps forward today. We’ll guide you through the naturalization process—even with a pending I-751—and help ensure your applications are handled efficiently and accurately.
Can I Apply for Citizenship While My I-751 Is Still Pending?
Yes, most individuals can apply for naturalization while their I-751 petition is pending, as long as they meet the eligibility requirements for filing Form N-400. You do not need to wait for USCIS to approve your I-751 before applying for citizenship.
USCIS allows naturalization applicants to file Form N-400 up to 90 days before meeting the continuous residence requirement (three years if married to a U.S. citizen, or five years otherwise). This continuous residence period begins on the date you were granted conditional permanent residence—not when your I-751 is approved.
What Is the I-751 Petition to Remove Conditions?
Form I-751 is used to remove the conditions on your permanent resident status if you received a two-year green card based on marriage. You typically must file it during the 90 days before your card expires. Once filed, your permanent resident status is automatically extended while the petition is pending—even if it takes months or years to receive a decision.
As of April 2024, USCIS processing times for Form I-751 average 17 to 24 months. If you are requesting a waiver of the joint filing requirement, your wait could be even longer.
Get help understanding your timeline—call Anzen Legal Group at 970-893-8857.
How Do I Know If I’m Eligible to File Form N-400?
You may be eligible to apply for naturalization if you:
- Have been a lawful permanent resident for at least five years (or three years if married to a U.S. citizen)
- Have continuously resided in the U.S. during that time
- Have been physically present in the U.S. for at least half of the required residency period
- Are a person of good moral character
- Can read, write, and speak basic English (some exceptions apply)
- Have knowledge of U.S. history and government
- Are willing to support and defend the U.S. Constitution
USCIS allows you to file 90 days before reaching your three- or five-year permanent residency milestone. You can use the USCIS Early Filing Calculator on their website to determine your exact eligibility date.
What Happens to My I-751 If I File the N-400?
USCIS will typically review your I-751 before, or at the same time as, your naturalization application. If your I-751 hasn’t been approved yet, they may:
- Adjudicate your I-751 without an interview, then schedule your N-400 interview
- Or combine your I-751 and N-400 interviews into a single appointment
USCIS has published policy guidance confirming that it will review both forms together when necessary.
Not sure what to expect at your interview? Call Anzen Legal Group at 970-893-8857 to talk to an experienced I-751 immigration attorney.
Will Filing an N-400 Help Speed Up My I-751?
Sometimes. Filing Form N-400 while your I-751 is pending may prompt USCIS to act on your I-751 so that both applications can be reviewed together. This can result in faster processing in some cases, but it is not guaranteed.
What Happens at the Combined I-751/N-400 Interview?
If USCIS schedules a combined interview, here’s what to expect:
- First, the officer will review and decide your I-751 petition, confirming whether your conditional status can be removed.
- Then, if the I-751 is approved, the officer will continue with your naturalization interview.
Be prepared to answer questions about both your marital history (if applicable) and your naturalization eligibility.
What Should I Do If My I-751 Is Denied?
If your I-751 is denied, your permanent residency may be terminated. This can impact your N-400 and may result in removal proceedings. That’s why it’s critical to ensure your I-751 is properly prepared and supported with documentation.
If your I-751 is denied after filing your N-400, the citizenship application will likely be denied as well.
Concerned about your I-751? Call us today at Anzen Legal Group: 970-893-8857 for guidance.
Should I File the N-400 While My I-751 Is Still Pending?
This depends on your specific situation. If you’ve met the residency requirement and your I-751 is supported by strong evidence, filing the N-400 may be a wise step. It’s important to ensure that:
- Your I-751 is properly documented
- You understand your eligibility for naturalization
- You’re prepared for the possibility of a combined interview
As naturalization attorneys with decades of legal experience, we can help you weigh the risks and benefits and ensure your applications are in the best shape possible.
Can I Still Travel While My I-751 or N-400 Is Pending?
Yes, in most cases. As long as you have your original expired green card and the I-797 receipt notice extending your status, you can travel internationally and return to the U.S. Just be cautious about long trips—spending too much time outside the U.S. can impact your continuous residence and eligibility for naturalization.
Do I Need Legal Help to File the N-400 or I-751?
While legal representation is not required, it can be extremely helpful. These applications involve strict documentation requirements and carry long-term consequences if denied. A naturalization lawyer can help ensure that your filings are complete and properly presented, especially if your case involves complex circumstances, a waiver request, or prior immigration concerns.
Ready to take the next step? Call Anzen Legal Group at 970-893-8857 to schedule a consultation today.
We Help Colorado Residents Navigate Naturalization with Confidence
At Anzen Legal Group, we help clients across Colorado with all aspects of immigration, including conditional residency and naturalization. If you’re unsure whether to file the N-400 while your I-751 is pending—or need help preparing your case—we’re here to help.
Contact us today at 970-893-8857 or fill out our contact form to get started.
